← Library
High Court of Punjab and HaryanaCRM-M/14405/2026disposed of

Rakesh Kumar v. State Of Punjab

2026-03-17Mr. Justice Subhas Mehla2 pages

In the High Court for the States of Punjab and Haryana at Chandigarh CRM-M-14405-2026 (O&M) Date of Decision:- 17.03.2026 Rakesh Kumar ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE SUBHAS MEHLA Present:- Mr. Mandeep Budhiraja, Advocate for Mr. Pushp Jain, Advocate for the petitioner.

***** SUBHAS MEHLA , J. (Oral) 1.

Present petition has been filed by the petitioner under Section 528 of BNSS for quashing of order dated 09.12.2025 passed by learned Additional Sessions Judge, Fazilka, in case bearing FIR No.03 dated 18.01.2018, registered under Sections 307, 364, 511, 506, 148, 149 and 420 of Indian Penal Code at Police Station City Fazilka, District Fazilka, vide which non-bailable warrants of the petitioner have been issued by cancelling his bail bonds/surety bonds.

2.

Learned counsel for the petitioner submitted that the petitioner is regularly appearing before the trial Court in this case and never misused the concession of bail, however on 09.12.2025, he failed to appear before the trial Court as he was suffering from liver ailments and was undergoing treatment at Delhi and medical record in this regard is annexed as Annexure P-5. The next date of hearing before the trial Court is 18.04.2026. It is further submitted that the petitioner is ready to surrender himself before the learned trial Court and prays that the petitioner be not arrested by the police. 3.

Notice of motion.

GEETA RANI 2026.03.20 17:14 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court at Chandigarh

CRM-M-14405-2026 (O&M) ( 2 ) 4.

Mr. Surinderjit Singh Nahar, AAG, Punjab, accepted notice on behalf of respondent-State and submitted that the petitioner failed to appear before the trial Court and was summoned through non-bailable warrants of arrest.

5.

Heard.

6.

Considering the fact that the petitioner is regularly appearing before the trial Court and never misused the concession of bail, however on 09.12.2025, he failed to appear before the trial Court as he was suffering from liver ailments and was undergoing treatment at Delhi as per medical record and in view the limited prayer made by learned counsel for the petitioner that the petitioner is ready to surrender before the learned trial Court, the present petition is disposed of and the petitioner is directed to appear before the learned trial Court within a period of 2 weeks and to move an appropriate application by raising all the pleas taken in this petition, before the trial Court regarding his non-appearance at the relevant time.

The trial Court is directed to consider his plea sympathetically keeping in view his regular appearance before the trial Court and on that day due to medical urgency, he could not appear and decide his bail application expeditiously in accordance with law. Till then, he will not be arrested by the police in this matter. It is made clear that if he fails to appear before the trial Court within stipulated time i.e. till 01.04.2026, then the relief granted by this Court shall be deemed to be withdrawn.

( SUBHAS MEHLA ) 17.03.2026 JUDGE Geeta Whether speaking /reasoned Yes / No Whether Reportable Yes / No GEETA RANI 2026.03.20 17:14 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court at Chandigarh