Parkash Singh @ Parkash Chand Madhi v. State Of Punjab

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision : 21.11.2025 Parkash Singh @ Parkash Chand Madhi .....Petitioner versus State of Punjab ..... Respondent CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ ***** Present :- Mr. Gurnoor Singh Sethi, Advocate for the petitioner.

**** RAJESH BHARDWAJ , J. (Oral) 1.

Present petition has been filed praying for quashing/setting aside the order dated 18.07.2025 (Annexure P-7) passed by the learned trial Court, whereby the bail, bonds bonds as well as surety bonds furnished by the petitioner were cancelled and forfeited to the State due to his non appearance and further non bailable warrants of his arrest were issued in case bearing FIR No.62, dated 05.05.2022, under Sections 22, 29 of NDPS Act, 1985, registered at Police Station Sadar Ahmedgarh, District Malerkotla. Further prayer has been made for staying the arrest of the petitioner during the pendency of the present petition. 2.

Learned counsel for the petitioner has submitted that the petitioner was falsely prosecuted in a case bearing FIR No.62, dated 05.05.2022, under Sections 22, 29 of NDPS Act, 1985, registered at Police

-2Station Sadar Ahmedgarh, District Malerkotla. He has submitted that after registration of the FIR, the petitioner was granted anticipatory bail by this Court vide order dated 09.08.2022 passed in CRM-M-26575-2022. He has submitted that in the present FIR, the challan was presented and the charges have been framed and the case was fixed for recording of prosecution evidences. He has submitted that the petitioner was regularly appearing before the learned trial Court. He has further submitted that the present case was transferred from the Court of learned Additional Sessions Judge, Sangrur to Malerkotla vide order dated 26.09.2024 on the establishment of new Court. He has submitted that in the meantime, another case bearing FIR No.95, dated 08.07.

2025, under Sections 105, 3(5) BNS and Sections 21, 22, 27, 29 of NDPS Act was registered against the petitioner and thus, apprehending his arrest, the petitioner could not appear before the learned trial Court on the date fixed before it. He has further submitted that due to non-appearance of the petitioner before the learned trial Court on the date fixed, i.e. 18.07.2025, his bail order was cancelled and bail bonds/surety bonds were forfeited to the State. He has submitted that non bailable warrants of arrest were also issued against the petitioner. He has submitted that absence of the petitioner was bona fide and not intentional. He has further submitted that the petitioner is ready to appear before the learned trial Court and abide by the terms and conditions imposed upon him.

3.

Notice of motion.

4.

On the asking of the Court, Mr. J. S. Arora, DAG, Punjab appears and accepts notice on behalf of the respondent-State. He, on the

-3other hand, has contended that bail order of the petitioner was rightly cancelled by the learned trial Court and non bailable warrants of arrest were issued against him, as he failed to appear in the Court despite orders. 5.

I have heard counsel for the parties and perused the record. 6.

It is apparent that the petitioner was prosecuted in a case bearing FIR No.62, dated 05.05.2022, under Sections 22, 29 of NDPS Act, 1985, registered at Police Station Sadar Ahmedgarh, District Malerkotla, in which his bail order was cancelled and bail bonds/surety bonds were forfeited to the State. Non bailable warrants of arrest were also issued against the petitioner due to his non appearance before the learned trial Court. The reason given by the petitioner for his absence is that another case bearing FIR No.95, dated 08.07.2025, under Sections 105, 3(5) BNS and Sections 21, 22, 27, 29 of NDPS Act was registered against him. However, due to his non appearance, bail order of the petitioner was cancelled, bail bonds/surety were forfeited to the State and non bailable warrants of arrest were also issued against the petitioner.

As the petitioner is keen to join the proceedings, so keeping in view the abovesaid facts, the present petition is disposed of and the impugned order dated 18.07.2025 is hereby set aside subject to payment of costs of Rs.25,000/- to be deposited with the Day Care Centre for Elderly Disabled Home for Old & Destitute People, Sector 15, Chandigarh by the petitioner within a period of 07 days from today.

-4satisfaction and proceed with the trial in accordance with law. The petitioner will have protection from arrest for a period of 10 days from the date of receipt of certified copy of this order. 7.

Needless to say that in case the petitioner fails to comply with the abovesaid direction, he will have no benefit of abovesaid protection granted by this Court and order under challenge dated 18.07.2025 would come in force and the present petition would be deemed to have been dismissed.

(RAJESH BHARDWAJ) 21.11.2025 JUDGE rittu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No