CRM-M- IN THE HIGH COURT OF PUNJAB AND HARYANA 118 GURDEV SINGH STATE OF CORAM: HON'BLE MR. JUSTICE Present: SURYA PRATAP SINGH 1. Sanhita 2023 (Annexure P of impugned order bail bonds warrant of arrest 2. 3. on behalf of respondent 4. on that day, the petitioner -53110-2025(O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH GURDEV SINGH VERSUS STATE OF PUNJAB CORAM: HON'BLE MR. JUSTICE SURYA PRATAP SINGH Mr. Ritesh Pandey, Advocate for SURYA PRATAP SINGH, J (ORAL) This petition, under Section 528 of Bha 2023, has been filed for quashing (Annexure P-3), passed by the learned Sessions Judge of impugned order, the bail of petitioner has been bail bonds have been forfeited, and to procure his presence warrant of arrest has been issued. Notice of motion. Mr. Eklavya Darshi, Deputy Advocate General, Punjab on behalf of respondent-State, and waives service. It has been contended by learned counsel for the petitioner that on that day, the petitioner could not appear as he was stuck in 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-53110-2025 (O&M) DECIDED ON: 19.09.2025 .....PETITIONER VERSUS .....RESPONDENT SURYA PRATAP SINGH , Advocate for the petitioner. under Section 528 of Bharatiya Nagarik Suraksha for quashing of order dated 03.09.2025 Sessions Judge, Gurdaspur. By virtue has been cancelled. Resultantly, his and to procure his presence in the Court, Mr. Eklavya Darshi, Deputy Advocate General, Punjab appears State, and waives service. by learned counsel for the petitioner that could not appear as he was stuck in flood effected (O&M) 5 .....PETITIONER .....RESPONDENT ratiya Nagarik Suraksha 2025 . By virtue Resultantly, his the Court, appears by learned counsel for the petitioner that flood effected GAURAV THAKUR 2025.09.19 16:54 I attest to the accuracy and integrity of this document CRM-M- area and therefore, on account of his non and warrant 5. was not present before the learned trial Court in compliance with the conditions imposed in bail order, the learned trial option, but to of arrest. order, I find no defect 6. liberty for the petitioner to an application for bail. 7. direction to the petitioner surrenders of the bail application, if moved by the petiti however clarified that the learned trial Court in the exercise of its dis shall be at liberty to under Section 491 of BNSS (erstwhile Section 446 of CrPC). Gaurav Thakur -53110-2025(O&M) area and therefore, on account of his non- warrant of arrest issued. In view of above, once it is an admitted fact that the petitioner was not present before the learned trial Court in compliance with the conditions imposed in bail order, the learned trial option, but to cancel the bail order, forfeit the bail bonds and is of arrest. Since apparently, there is no illegality order, I find no defect in the impugned order At this stage, learned counsel for the petitioner has sought liberty for the petitioner to surrender before the learne an application for bail. In view of above, the present petition is disposed of with a direction to the petitioner to surrender before the learned trial Court s before the learned trial Court, the learned trial of the bail application, if moved by the petiti however clarified that the learned trial Court in the exercise of its dis shall be at liberty to take the petitioner in judicial custody or impose penalt under Section 491 of BNSS (erstwhile Section 446 of CrPC). 2 -appearance, his bail was cancelled it is an admitted fact that the petitioner was not present before the learned trial Court in compliance with the conditions imposed in bail order, the learned trial Court was left with no cancel the bail order, forfeit the bail bonds and issue warrant no illegality in the abovementioned in the impugned order. At this stage, learned counsel for the petitioner has sought before the learned trial Court and move In view of above, the present petition is disposed of with a surrender before the learned trial Court. If , the learned trial Court shall dispose of the bail application, if moved by the petitioner, on the same day. It is however clarified that the learned trial Court in the exercise of its discretion in judicial custody or impose penalt under Section 491 of BNSS (erstwhile Section 446 of CrPC). appearance, his bail was cancelled it is an admitted fact that the petitioner was not present before the learned trial Court in compliance with the Court was left with no warrant in the abovementioned At this stage, learned counsel for the petitioner has sought d trial Court and move In view of above, the present petition is disposed of with a . If he Court shall dispose It is cretion in judicial custody or impose penalty GAURAV THAKUR 2025.09.19 16:54 I attest to the accuracy and integrity of this document