IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-5529-2025 Date of decision: 31.01.2025 SAMEER BHATT AND ANR. ...PETITIONERS VERSUS STATE OF PUNJAB ...RESPONDENT CORAM: HON’BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Lakshay Bector, Advocate for the peoners. Mr. Sukhdev Singh, AAG, Punjab. **** ANOOP CHITKARA, J. (ORAL) ! 1. Seeking quashing of order dated 20.01.2025 (Annexure P-3) vide which, the trial Court cancelled the bail bonds and surety bonds of the peoners and forfeited them to the State and further issued non-bailable warrants for non-a0ending the trial, the accused have come up before this Court under Secon 528 of BNSS, 2023. 2. Counsel for the peoners submits that the peoners are working as labourers and the reason for not a0ending the Court was miscommunicaon. He further submits that they would voluntarily deposit a sum of Rs.5,000/- each in Poor Paent Welfare Fund, PGIMER, Chandigarh to prove their bonafide and they do not miss a date in future. 3. Noces are served upon the official respondents through the State's counsel. Given the nature of the order that this Court proposes to pass, neither the response of official respondents nor the issuance of noces to the private respondents is required. 4. State counsel opposes the bail applicaon on the ground that the peoners have delayed the trial but does not dispute the fact that the peoners were earlier on bail and it is a case of bail jump. 4. The primary object of service is to secure the accused presence in trial. The peoners have approached this court on its own, establishing the bonafide at this stage. Without adjudicang the maintainability of this peon under secon 528 BNSS and leaving that queson open; given the explanaon offered by the accused coupled with the facts and Renu Bala 2025.02.05 16:56 I attest to the accuracy and integrity of this document circumstances peculiar to this case, a balanced approach would work as an incenve, a catalyst, speeding up the process, and bringing the guilty to Jusce and Jusce to the guilty. Thus, exercising the inherent powers under secon 528 BNSS, this court deems it appropriate to grant the following limited relief to the peoners, subject to compliance with the condions menoned in this order. 5. The peoners are directed to surrender before the concerned court on or before 10.02.2025 and file a bail peon . Since the peoners were earlier granted bail, as such o n appearance, the concerned court shall release the peoners on bail on the same day , subject to furnishing bail bonds to its sasfacon and imposing reasonable condions as it may deem appropriate in the background of their conduct . 6. The peoners shall not be arrested 10.02.2025, 11 AM and it is clarified that this order shall stand recalled automa5cally under sec5on 403 read with 528 BNSS, 2023 without any further reference to this court, a:er 06:00 P.M on 10.02.2025). It is clarified that trial Court is liberty to iniate proceedings under Secon 446 Cr.P.C against the peoners as well as surety for violaon of non-appearance on 20.01.2025. 7. Peoners shall deposit a sum of rupees five thousand each in the account of PGI Poor Pa5ent Welfare Fund and hand over its receipt to the trial court at the me of surrender. 8. Any observaon made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments. 9. There would be no need for a cerfied copy of this order, and any Advocate for the Peoners can download this order along with case status from the official web page of this Court and aest it to be a true copy. In case the aesng officer wants to verify the authencity, such an officer can also verify its authencity and may download and use the downloaded copy for aesng bonds. 10. Pe55on allowed to the extent and subject to the condi5ons men5oned above. All pending applicaons, if any, stand disposed. 31.01.2025 (ANOOP CHITKARA) renubala JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No Renu Bala 2025.02.05 16:56 I attest to the accuracy and integrity of this document