129 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-17575-2025 Date of Decision:04.04.2025 Surat Singh …Petitioner vs. State of Punjab …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Karanjeet Singh Brar, Advocate for the petitioner. Mr. I.P.S Sabharwal, DAG, Punjab. *** N.S.Shekhawat J. (Oral) 1. The petitioner has filed the present petition under Section 528 of B.N.S.S with a prayer to quash the impugned order dated 12.12.2024 (Annexure P-3) passed by the Court of Additional District and Sessions Judge, Sri Muktsar Sahib, whereby the bail of the petitioner was cancelled and the bail bonds and surety bonds were ordered to be forfeited to the State and the petitioner was ordered to be summoned through non-bailable warrants of arrest in a case FIR No.85, dated 29.06.2023, under Section 22 (B) of NDPS Act, registered at Police Station Kabarwala, District Sri Muktsar Sahib (Annexure P-1). 2. Learned counsel for the petitioner contends that the FIR in the present case was registered against the petitioner on 29.06.2023. He next con- tends that the quantity of contraband recovered from the present petitioner was non-commercial in nature and he was granted the concession of bail on HITESH 2025.04.04 17:32 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-M-17575-2025 -2 25.07.2023 by the Cout of Additional Sessions Judge, Sri Muktsar Sahib. Learned counsel further contends that the petitioner was regularly appearing before the Trial Court and never misused the concession of bail, however, only on one date i.e.12.12.2024, he could not appear before the Trial Court, due to his ill health. Due to non-appearance of the petitioner, the Trial Court had cancelled the bail and the bail bonds and surety bonds were ordered to be forfeited to the State and the petitioner was ordered to be summoned through non-bailable warrants of arrest. Learned counsel for the petitioner next contends that the petitioner is ready to surrender before the Court and shall join the trial proceedings. He further contends that the petitioner shall appear on each and every date of hearing, before the Trial Court and shall not absent himself during the Court proceedings. 3. Notice of motion. 4. Mr. I.P.S Sabharwal, DAG, Punjab, who is present in the Court, accepts notice on behalf of respondent-State. 5. Learned State counsel has vehemently opposed the prayer made by learned counsel for the petitioner on the ground that the petitioner had not appeared intentionally before the Trial Court and there is no illegality in the impugned order passed by the Court below and the petitioner does not deserve the concession of bail. 6. I have heard the learned counsel for the petitioners and perused the record. 7. It is not in dispute that the petitioner was on bail earlier and was regularly appearing before the Trial Court, however, only on one date i.e. 12.12.2024, he could not appear before the Trial Court. Thus, taking a lenient HITESH 2025.04.04 17:32 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-M-17575-2025 -3 view of the matter, the petitioner is permitted to surrender before the Trial Court/Duty Magistrate within a period of two weeks from today and on his surrender, he shall be admitted to bail subject to furnishing bail bonds and surety to the satisfaction of the concerned Court. 8. At the time of furnishing of bail bonds, the petitioner shall also file an affidavit before the concerned Court that he shall continue to appear before the Court on each and every date of hearing and shall not absent himself during the court proceedings, except with prior permission of the Court. 9. The Trial Court/Duty Magistrate shall also be at liberty to impose any other conditions, as it deems fit in the peculiar facts and circumstances of case. 10. The petition stands allowed in the above terms. (N.S.SHEKHAWAT) 04.04.2025 JUDGE hitesh Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HITESH 2025.04.04 17:32 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh