CRM-M-12828- 166 IN THE HIGH COURT OF PUNJAB AND HARYANA Himanshu State of Haryana and CORAM : HON'BLE MS Present: Mr. MANDEEP PANNU J. 1. This petition has been filed under Section 528 BNSS, 2023 seeking quashing of impugned order dated Additional Sessions Judge (Fast Track Court), Faridabad petitioner and his by issuance of non 2. Learned counsel for the petitioner submits that granted regular bail in FIR No.78, dated 30.04.2024 by the learned tr order dated 01.07.2024 13.11.2025, the petitioner was present in the Court in morning and in the afternoon he was not feeling well and he went back home after informing his counsel. his absence on forfeited to the State and non -2026 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- CRM Date of Decision : VERSUS Haryana and Another HON'BLE MS. JUSTICE MANDEEP PANNU Mr. M.K.Sood, Advocate for the petitioner. -.- MANDEEP PANNU J. (Oral) This petition has been filed under Section 528 BNSS, 2023 seeking of impugned order dated 13.11.2025 (Annexure P Additional Sessions Judge (Fast Track Court), Faridabad his bail bonds/surety bonds have been forfeited to the State followed by issuance of non-bailable warrants of arrest. Learned counsel for the petitioner submits that granted regular bail in FIR No.78, dated 30.04.2024 by the learned tr 01.07.2024. He was regularly appearing before the trial Court. On the petitioner was present in the Court in morning and in the afternoon he was not feeling well and he went back home after informing his counsel. absence on 13.11.2025, his bail was cancelled and bail/surety bonds were forfeited to the State and non-bailable warrants were issued against -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-12828-2026 (O&M) Date of Decision : 10.03.2026 ....Petitioner ....Respondents MANDEEP PANNU , Advocate for the petitioner. This petition has been filed under Section 528 BNSS, 2023 seeking 13.11.2025 (Annexure P-4) whereby the learned Additional Sessions Judge (Fast Track Court), Faridabad, cancelled the bail of the bail bonds/surety bonds have been forfeited to the State followed Learned counsel for the petitioner submits that the petitioner was granted regular bail in FIR No.78, dated 30.04.2024 by the learned trial Court vide . He was regularly appearing before the trial Court. On the petitioner was present in the Court in morning and in the afternoon he was not feeling well and he went back home after informing his counsel. Due to cancelled and bail/surety bonds were bailable warrants were issued against him. This petition has been filed under Section 528 BNSS, 2023 seeking learned the bail of the bail bonds/surety bonds have been forfeited to the State followed was ial Court vide . He was regularly appearing before the trial Court. On the petitioner was present in the Court in morning and in the afternoon Due to cancelled and bail/surety bonds were TRIPTI SAINI 2026.03.11 18:24 I attest to the accuracy and integrity of this document CRM-M-12828- 3. Learned counsel for the petitioner appearance of the petitioner by the said order, he has approached this Court by way of instant petition. It is contended that the impugned order unintentional non 4. It is also submitted that the petitioner undertakes to appear before the trial Court on each and every date. 5. Notice of motion. 6. Mr. accepts notice for the respondent been passed on the sole ground of the absence of the petitioner. 7. I have heard learned counsel for the parties and perused the record of the case with their able assistance and with the consent of parties, the matter is taken up for final disposal. 8. Considering the totality of circumstances this Court is of the view that the petitioner can be directed to appear befor Court/Duty Magistrate is accepted. Impugned order dated extent of issuance of non on bail, in the eventuality of surrender by Magistrate within a period of one week from today. 9. The petitioner shall also furnish bail bonds/surety bonds to the satisfaction of the trial Court an undertaking/affidavit that he will keep appearing during the proceedings of the trial in future and the proceedings will not be delayed because of -2026 (O&M) Learned counsel for the petitioner appearance of the petitioner was not deliberate or intentional and thus, aggrieved by the said order, he has approached this Court by way of instant petition. It is contended that the impugned order is liable to be set aside on the ground of unintentional non-appearance of the petitioner. It is also submitted that the petitioner undertakes to appear before the trial Court on each and every date. Notice of motion. Mr. Sushil Bhardwaj, Addl. A.G. Haryana accepts notice for the respondent-State and submits that the impugned been passed on the sole ground of the absence of the petitioner. I have heard learned counsel for the parties and perused the record of with their able assistance and with the consent of parties, the matter is taken up for final disposal. Considering the totality of circumstances this Court is of the view that the petitioner can be directed to appear befor /Duty Magistrate, so that trial may resume. Accordingly, plea of the petitioner is accepted. Impugned order dated 13.11.2025 extent of issuance of non-bailable warrants only, and he is directed to be rele on bail, in the eventuality of surrender by within a period of one week from today. The petitioner shall also furnish bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate. Besides, petitioner will also submit an undertaking/affidavit that he will keep appearing during the proceedings of the trial in future and the proceedings will not be delayed because of -2- Learned counsel for the petitioner inter alia contends that non was not deliberate or intentional and thus, aggrieved by the said order, he has approached this Court by way of instant petition. It is liable to be set aside on the ground of It is also submitted that the petitioner undertakes to appear before the Sushil Bhardwaj, Addl. A.G. Haryana, who is present in Court, State and submits that the impugned order has been passed on the sole ground of the absence of the petitioner. I have heard learned counsel for the parties and perused the record of with their able assistance and with the consent of parties, the matter is Considering the totality of circumstances as contended by petitioner this Court is of the view that the petitioner can be directed to appear before the trial , so that trial may resume. Accordingly, plea of the petitioner (Annexure P-4) is set aside to the bailable warrants only, and he is directed to be released on bail, in the eventuality of surrender by him before the trial Court/Duty within a period of one week from today. The petitioner shall also furnish bail bonds/surety bonds to the . Besides, petitioner will also submit an undertaking/affidavit that he will keep appearing during the proceedings of the trial in future and the proceedings will not be delayed because of his conduct. contends that non- was not deliberate or intentional and thus, aggrieved by the said order, he has approached this Court by way of instant petition. It is liable to be set aside on the ground of It is also submitted that the petitioner undertakes to appear before the , who is present in Court, order has I have heard learned counsel for the parties and perused the record of with their able assistance and with the consent of parties, the matter is as contended by petitioner, e the trial , so that trial may resume. Accordingly, plea of the petitioner set aside to the ased /Duty The petitioner shall also furnish bail bonds/surety bonds to the . Besides, petitioner will also submit an undertaking/affidavit that he will keep appearing during the proceedings of the TRIPTI SAINI 2026.03.11 18:24 I attest to the accuracy and integrity of this document CRM-M-12828- 10. It is made clear that in case, petitioner fails Court within a stipulated period, this order shall be deemed to be vacated. 11. With aforementioned terms, present petition stands disposed of. 12. All pending miscellaneous application(s), if any, stands disposed of. March 10, 2026 tripti Whether speaking/non Whether reportable -2026 (O&M) It is made clear that in case, petitioner fails Court within a stipulated period, this order shall be deemed to be vacated. With aforementioned terms, present petition stands disposed of. All pending miscellaneous application(s), if any, stands disposed of. Whether speaking/non-speaking : Speaking Whether reportable : Yes/No -3- It is made clear that in case, petitioner fails to appear before the trial Court within a stipulated period, this order shall be deemed to be vacated. With aforementioned terms, present petition stands disposed of. All pending miscellaneous application(s), if any, stands disposed of. (MANDEEP PANNU) JUDGE to appear before the trial All pending miscellaneous application(s), if any, stands disposed of. TRIPTI SAINI 2026.03.11 18:24 I attest to the accuracy and integrity of this document