Karulal Patidar v. Union Of India
CRM-M-53166-2025 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH CRM-M-53166-2025 (O&M) Date of decision: 22.09.2025 Karulal Patidar ....Petitioner
Versus
Union of India
...Respondent
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :
Mr. Kanwaljeet Singh, Advocate for the petitioner ***** AMAN CHAUDHARY, J. (ORAL) 1.
The present petition has been filed under Section 528 BNSS for quashing of order dated 23.03.2022 in a case bearing NDPS No.221 of 2018 passed by the learned Judge Special Court, Ludhiana whereby non-bailable warrants have been issued against the petitioner and bail/surety bonds have been forfeited in Crime No.56/2017 dated 09.09.2017 (Supplementary complaint dated 23.05.2018), registered under Sections 8, 15, 18 and 29 of NDPS Act, at Police Station NCB, Chandigarh.
2.
Learned counsel submits that the petitioner was granted regular bail vide order dated 10.10.2018, Annexure P-2, whereafter, he continued to appear before the trial Court but for 11.03.2022, 15.03.2022, 17.03.2022 and 23.03.2022 as he remained upset due to family problems and financial problems. The bail of the petitioner was cancelled and bonds forfeited to the State and non-bailable warrants had been issued for 28.03.2022. Thereafter, the co-accused namely Boota Singh Devinder Singh Narwal have been acquitted by the learned Judge, Special Court, Ludhiana vide judgment dated 21.04.2023, Annexure P-8 and the petitioner is ready and willing to join the proceedings and prays for grant of one opportunity for him to surrender before the trial Court, even if the same is subject to costs.
CRM-M-53166-2025 (O&M) 2 3.
Notice of motion.
4.
At the asking of the Court,
on behalf of respondent-UOI, NCB and submits that the non-bailable warrants have been rightly issued against the petitioner, as he had absented from the proceedings. 5.
Heard.
6.
The very purpose of initiation of proclamation proceedings, is to compel and secure the presence of the accused to face trial and establish the rule of law, as also to ensure finalization of the proceedings. 7.
This Court in CRM-M-36490-2022, titled as Major Singh vs. State of Punjab, decided on 15.09.2022, CRM-M-38277-2022, Surjit Singh vs. State of Punjab, dated 26.08.2022 and CRM-M-39000-2022, titled as Raghav vs. State of Punjab, decided on 09.09.2022, had set aside the orders of non-bailable warrants.
8.
Considering the facts and circumstances of the case, judgments referred to hereinabove, the readiness and willingness of the petitioner to surrender and join the proceedings, which was incumbent upon him for the culmination of the same, the present petition deserves to be and is allowed, in the interest of justice, so as to facilitate expediting the trial and for taking it to its logical end.
9.
As a consequence of the aforesaid, the impugned order dated 23.03.2022 is set aside and the petitioner is directed to surrender before the learned Appellate Court on or before 14.10.2025 and deposit Rs.10000/- as costs with the
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) )* , whereupon, he be released on the same bail/surety bonds as had been furnished by him at the time of
CRM-M-53166-2025 (O&M) 3 granting bail. He is also directed to furnish an undertaking by way of an affidavit that he will appear on each and every date of hearing before the learned Appellate Court, unless specifically exempted by the Court. He shall not leave the country without prior permission of the Court. The trial Court may impose any other condition that it may deem appropriate in the facts and circumstances of the present case.
10.
The present petition is accordingly allowed.
11.
Before parting with this order, it is made abundantly clear that in case the petitioner does not adhere to the aforesaid, the present petition shall be deemed to have been dismissed without any reference to this Court. (AMAN CHAUDHARY) JUDGE 22.09.2025 M.Kamra Whether speaking/reasoned :
Yes / No Whether reportable :
Yes / No