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High Court of Punjab and HaryanaCRM-M/57139/2025allowed

Sukhvir Kaur v. Ranjit Kaur And Another

2026-02-25Mr. Justice Sumeet Goel2 pages

CRM-M-57139-2025 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-57139-2025 Date of decision : 25.2.2026 Date of uploading : 25.02.2026 SUKHVIR KAUR ..........PETITIONER

Versus

RANJIT KAUR AND ANOTHER .......RESPONDENT CORAM: HON'BLE MR. JUSTICE SUMEET GOEL

Present:



   --- SUMEET GOEL, J. (ORAL) 1.

The present petition has been filed under Section 528 of BNSS seeking quashing of the order dated 01.08.2025 passed by Sub-Divisional Judicial Magistrate, Sardulgarh in case bearing No.NACT/140/2023 titled as 'Ranjit Kaur Vs. Sukhvir Kaur' whereby the surety/bail bonds were cancelled and forfeited to the State and non- bailable warrants of arrests have been issued against the petitioner.

2.

On 03.11.2025, the following order was passed:- "Challenge in the present petition is to the order dated 01.08.2025 passed by Sub-Divisional Judicial Magistrate, Sardulgarh in case bearing No.NACT/140/2023 titled as 'Ranjit Kaur Vs. Sukhvir Kaur' whereby the surety/bail bonds were cancelled and forfeited to the State and nonbailable warrants of arrests have been issued against the petitioner. Learned counsel appearing on behalf of the petitioner inter alia contends that the petitioner could not appear before the trial Court on 14.07.2025 and the matter was adjourned to 01.08.2025. Since the petitioner was not aware about the date, hence, she failed to appear on the said date.

On the said date itself, her surety/bail bonds were cancelled and forfeited to the State and non-bailable warrants of arrests have been issued against the petitioner. It is further submitted that non-appearance of the petitioner was neither intentional nor willful. He submits that now the case is fixed before the trial Court for 29.11.2025. He undertakes that the petitioner shall appear before the trial Court on or before 29.11.2025. Notice of motion.

On the asking of this Court, Ms. Savi Nagpal, AAG Punjab, accepts notice JATIN 2026.02.25 18:31 I attest to the accuracy and integrity of this document

CRM-M-57139-2025 -2on behalf of the respondent-State and prays for some time to file the reply. List on 23.02.2026.

In the event of the petitioner appearing before the trial Court on or before 9.11.2025 as undertaken today before this Court, she shall be admitted to interim bail on her furnishing of fresh bail/surety bonds to the satisfaction of the trial Court, subject to payment of Rs.5,000/- to be deposited with the Punjab Chief Minister Relief Fund, Account No.001934001000589, Punjab State Co-op. Bank, IFSC: TPSC0000019." 3.

Learned counsel for the petitioner has brought to the notice of this Court order dated 29.11.2025 passed by Sub-Divisional Judicial Magistrate, Sardulgarh in case bearing No.NACT/140/2023 titled as 'Ranjit Kaur Vs. Sukhvir Kaur, which reflects that the petitioner has caused appearance before the said trial Court and the petitioner has been admitted to the interim bail. In the interest of justice, this Court does not deem it appropriate to call upon respondent No.1, at this stage, since the same would procrastinate the Court proceedings. 4.

Keeping in view the entirety of the factual milieu of the case in hand; especially the petitioner having caused appearance before the learned concerned trial Court in terms of order dated 03.11.2025 and undertakes to continue appearing before the said Court; released on interim bail; this Court is of the considered opinion that the petition in hand deserves to be allowed.

5.

Ordered accordingly.

6.

The interim order dated 03.11.2025 is hereby made absolute and the impugned order dated 01.08.2025 (Annexure P-5) passed by the learned SDJM, Sardulgarh issuing non-bailable warrants against the petitioner, is hereby quashed.

(SUMEET GOEL) JUDGE 25.2.2026 ja Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No JATIN 2026.02.25 18:31 I attest to the accuracy and integrity of this document