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High Court of Punjab and HaryanaCRM-M/66227/2025allowed

Rohit Beri v. State Of Punjab

2025-11-28Mr. Justice Aman Chaudhary3 pages

 CRM-M-66227-2025 (O&M) 1

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-66227-2025 (O&M) Date of decision: 28.11.2025 Rohit Beri ....Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :

Ms. Garima Modi, Advocate for the petitioner ***** AMAN CHAUDHARY, J. (ORAL) 1.

The present petition has been filed under Section 528 BNSS for quashing of orders dated 09.10.2025 passed by learned Additional Sessions Judge, Ludhiana, vide which the bail of the petitioner stands cancelled and his bail/surety bonds were forfeited in case No.SC/1076/2018 in FIR No.187 dated 08.05.2018, under Sections 379-B and 34 IPC (Section 411 IPC added later on), registered at Police Station Jodhewal, Ludhiana. 2.

Learned counsel submits that the petitioner was granted regular bail by the trial Court vide order dated 12.06.2018, Annexure P-3, whereafter, he continued to appear before the trial Court but for 12.09.2025 and 09.10.2025 as he inadvertently missed the date of hearing and his bail was cancelled and bonds forfeited to the State as also warrants of arrest had been issued. His nonappearance was neither intentional nor deliberate but due to the aforesaid bona fide reason. He 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-66227-2025 (O&M) 2 3.

Notice of motion.

4.

At the asking of the Court, 

    

     

 and submits that the non-bailable warrants have been rightly issued against the petitioner, as she had absented from the proceedings.

5.

No order prejudicial to the rights of the private respondent is being proposed to be passed by this Court, thus, there is no requirement of impleading him as party.

6.

Heard.

7.

The very purpose of issuance of warrants of arrest, 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. 8.

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.

9.

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.

10.

As a consequence of the aforesaid, the impugned order dated 09.10.2025 is set aside and the petitioner is directed to surrender before the

 CRM-M-66227-2025 (O&M) 3 learned trial Court on or before 14.12.2025 and deposit Rs.15,000/- as costs with the Helpers Shahbad Society, having account No.01522011006813, IFSC PUNB0015210, at Punjab National Bank, Shahbad Markanda (Kurukshetra), Haryana, on furnishing bail/surety bonds, the trial Court shall release him on bail subject to its satisfaction. 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.

12.

The present petition is accordingly allowed.

13.

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 28.11.2025 M.Kamra Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No