Sukhwinder Singh v. State Of Punjab

CRM-M-27764-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-27764-2025 Date of decision: 20.05.2025 Sukhwinder Singh

...Petitioner

VERSUS

State of Punjab

...Respondent

CORAM : HON'BLE MRS. JUSTICE SUKHVINDER KAUR

Present:

Mr. Amit Arora, Advocate for the petitioner.

***** SUKHVINDER KAUR , J.(ORAL) Present petition has been filed under Section 528, BNSS, 2023, for setting aside/quashing of order dated 01.05.2025 vide which bail orders of the petitioner were cancelled and bail bonds were forfeited and the petitioner was ordered to be summoned through non-bailable warrants of arrest due to his non-appearance on the date fixed by learned Additional Sessions Judge, Tarn Taran, in case NDPS 253/2023, pending in the Court of learned Additional Sessions Judge, Tarn Taran, arising out of FIR No.147 dated 14.09.2022 registered under Section 21 of the NDPS Act, Police Station Sirhali District Tarn Taran.

The relevant facts of the present case for adjudication are that the petitioner is facing trial in the afore-said case and was granted regular bail by learned Additional Sessions Judge, Tarn Taran on 23.11.2022. The petitioner became absent before trial Court on 01.05.2025 due to which his non-bailable warrants were ordered to be issued by the trial Court and his bail bonds and surety bonds were cancelled and forfeited to State. SANGEETA 2025.05.21 10:09 I attest to the accuracy and integrity of this document

CRM-M-27764-2025 -2It has been contended by learned counsel for the petitioner that earlier the petitioner was regularly appearing before the trial Court. The absence of the petitioner was not intentional but was due to a bona fide cause as he had noted down the wrong date. Learned counsel has submitted that the petitioner is ready to surrender before the trial Court and the impugned order dated 01.05.2025 be set aside. Heard.

Considering the facts and circumstances of the present case and taking note of the fact that trial of the case is likely to take time and no useful purpose is likely to be served by sending the petitioner behind the bars, the impugned order dated 01.05.2025 is set aside. The petitioner is directed to surrender and appear before the trial Court within two weeks and on doing so, he would be released on bail on furnishing his fresh bail/surety bonds to the satisfaction of the Court concerned and with the undertaking to appear regularly before the trial Court on each and every date of hearing, subject to depositing of cost of Rs.5,000/- with DLSA, Tarn Taran. Disposed of in the aforesaid terms 20.05.2025 (SUKHVINDER KAUR) jyoti3 JUDGE Whether reasoned/speaking?

Yes/No Whether reportable?

Yes/No SANGEETA 2025.05.21 10:09 I attest to the accuracy and integrity of this document