CRM-M-22322-2025 -1- 131 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-22322-2025 Date of Decision: 29.04.2025 Harpal Singh ..... Petitioner Versus State of Punjab and another .......Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present: Mr. Arshdeep S. Khaira, Advocate, for the petitioner. Rajesh Bhardwaj, J. (ORAL) 1. Prayer in the present petition is for quashing of the order dated 04.03.2025 (Annexure P-3) passed by learned Judge, Special Court, Gurdaspur, whereby, bail of the petitioner has been cancelled and non- bailable warrants of arrest have been issued against him in a case FIR No.10 dated 06.02.2022, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Bhaini Mian Khan, District, Gurdaspur. 2. It has been contended by learned counsel for the petitioner that the petitioner has been falsely implicated in the present case. He submits that the petitioner was granted regular bail by learned trial Court vide order dated 03.03.2022 and thereafter, the petitioner was regularly appearing before it. He submits that due to his ill health, the petitioner could not appear the trial Court on 04.03.2025 and his bail was cancelled and his bail/surety bonds were forfeited to the State and he was ordered to be summoned through non-bailable warrants vide impugned order. He submits that absence of the petitioner was totally unintentional and due to the circumstances beyond his control. He further submits that the petitioner is SHARMILA DEVI 2025.04.30 09:36 I attest to the accuracy and integrity of this order/judgment PHHC CRM-M-22322-2025 -2- ready to appear before the trial Court and abide by all the terms and conditions, if any imposed by this Court. 3. Notice of motion. 4. Mr. Tarun Aggarwal, Sr. DAG, Punjab, accepts notice on behalf of the State and has opposed the submissions made by counsel for the petitioner. He has submitted that learned trial Court has rightly cancelled the bail of the petitioner, as he intentionally did not appear before it, on the date fixed. 5. After hearing learned counsel for the parties and perusing the record, it is evident that due to non-appearance of the petitioner on 04.03.2025, his bail was cancelled and his bail bonds/surety bonds were forfeited to the State and he was ordered to be summoned through non- bailable warrants. The reason for non-appearance before the Court on the date fixed, as given by the petitioner is his ill health. The Court without going into the authenticity of the ground taken for the absence of the petitioner, deems it appropriate to direct the petitioner to appear the Court concerned to face the trial in the present case. In these circumstances, when the petitioner is ready to join the trial and face the proceedings, the order dated 04.03.2025 is set aside subject to payment of Rs.10,000/- as costs to be paid to the Gurudwara Sri Guru Singh Sabha, (registered) Sector -7C, Chandigarh by the petitioner within period of seven days from today. 6. The petitioner is directed to appear before the trial Court within a period of ten days from today and file an appropriate application alongwith receipt of abovesaid costs and the trial Court would grant him bail till the disposal of the case on his furnishing fresh bail/surety bonds to SHARMILA DEVI 2025.04.30 09:36 I attest to the accuracy and integrity of this order/judgment PHHC CRM-M-22322-2025 -3- its satisfaction. The petitioner will have protection from arrest for a period of 10 days from today. The trial Court is free to impose any condition on the petitioner while admitting him to bail. 7. Needless to say that in case the petitioner fails to comply with the abovesaid direction, this order would be of no avail to him and the order dated 04.03.2025 will come in force and the present petition shall be deemed to have been dismissed. 8. Petition stands disposed of in abovesaid terms. (RAJESH BHARDWAJ) 29.04.2025 JUDGE sharmila Whether Speaking/Reasoned : Yes/No Whether Reportable : Yes/No SHARMILA DEVI 2025.04.30 09:36 I attest to the accuracy and integrity of this order/judgment PHHC