130 IN THE HIGH COURT OF PUNJAB AND HARYANA VIKRAM ALIAS BIKRAM KUMAR ALIAS PAWAN STATE OF PUNJAB CORAM: HON’BLE MR. Present: Mr. for the petitioner. HARPREET SINGH BRAR 1. This is the first petition filed under Section 528 Nagarik Suraksha Sanhita (BNSS) dated 22.05.202 (Annexure P-2), bail bonds/surety bond of non-bailable warrants registered under Section 379 Ludhiana. 2. Learned counsel for the petitioner on regular bail in the present case and was appearing regularly before the learned trial Court. However, on 22.04.2024, the petitioner could not appear before the learned trial Court due to noting of wrong date i.e. 22.0 instead of 22.0 cancelled the bail of the petitioner and non IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH VIKRAM ALIAS BIKRAM KUMAR ALIAS PAWAN V/S PUNJAB HON’BLE MR. JUSTICE HARPREET SINGH BRAR Mr. Vikram Jeet Singh, Advocate for the petitioner. **** HARPREET SINGH BRAR, J. (ORAL) This is the first petition filed under Section 528 Nagarik Suraksha Sanhita (BNSS), 2023 seeking quashi .2024 passed by learned Additional Sessions Judge, Ludhiana 2), whereby, the bail of the petitioner has been cancelled and bail bonds/surety bonds have been forfeited to the State followed by issuance bailable warrants in case stemming from FIR No.71 dated 28.03.2019 registered under Section 379-B of IPC at Police Station Samrala, District Learned counsel for the petitioner submits on regular bail in the present case and was appearing regularly before the learned trial Court. However, on 22.04.2024, the petitioner could not appear before the learned trial Court due to noting of wrong date i.e. 22.0 instead of 22.05.2024. Upon his non-appearance, the learned trial Court cancelled the bail of the petitioner and non-bailable warrant IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-24775-2025 Date of decision: 08.05.2025 VIKRAM ALIAS BIKRAM KUMAR ALIAS PAWAN ...PETITIONER ...RESPONDENT HARPREET SINGH BRAR This is the first petition filed under Section 528 Bharatiya , 2023 seeking quashing of impugned order passed by learned Additional Sessions Judge, Ludhiana petitioner has been cancelled and his s have been forfeited to the State followed by issuance case stemming from FIR No.71 dated 28.03.2019 B of IPC at Police Station Samrala, District submits that the petitioner was on regular bail in the present case and was appearing regularly before the learned trial Court. However, on 22.04.2024, the petitioner could not appear before the learned trial Court due to noting of wrong date i.e. 22.04.2024 appearance, the learned trial Court bailable warrant was issued. passed by learned Additional Sessions Judge, Ludhiana MANISHA 2025.05.08 18:10 I attest to the accuracy and authenticiy of this order/judgment CRM-M-24775 3. Learned counsel for the petitioner appearance of the petitioner aggrieved by the said order, he has approached this Court by way of instant petition. It is contended that the impugned order ground of unintentional non 4. It is also submitted that the petitioner undertake the trial Court on each and every date. 5. Notice of motion. 6. Mr. Subhash Godara, Addl. A.G., Punjab, Court, accepts notice for the respondent order has been passed on the sole ground of the absence of the petitioner, however, it is not disputed by him that petitioner been appearing before the trial Court. 7. I have heard learned counsel for the record of the case with their able assistance and with the consent of parties, the matter is taken up for final disposal. 8. Many a times, the accused can be prevented by sufficient reasons to put an appearance before the Court on necessarily cannot be construed as a deliberate and wi explanation offered for non therefore, the same is accepted. 9. While the scheme of criminal justice sy curtailment of personal liberty to some extent, it is of the utmost importance that the same is done in line with the procedure established by law to maintain a healthy balance between personal liberty of the individual 24775-2025 2 Learned counsel for the petitioner appearance of the petitioner was not deliberate aggrieved by the said order, he has approached this Court by way of instant petition. It is contended that the impugned order ground of unintentional non-appearance of the petitio It is also submitted that the petitioner undertake the trial Court on each and every date. Notice of motion. Mr. Subhash Godara, Addl. A.G., Punjab, Court, accepts notice for the respondent-State and sub been passed on the sole ground of the absence of the petitioner, however, it is not disputed by him that petitioner been appearing before the trial Court. I have heard learned counsel for the record of the case with their able assistance and with the consent of parties, the matter is taken up for final disposal. Many a times, the accused can be prevented by sufficient reasons to put an appearance before the Court on a given date and, therefore, it necessarily cannot be construed as a deliberate and wi explanation offered for non-appearance before the Court is justified and, therefore, the same is accepted. While the scheme of criminal justice sy curtailment of personal liberty to some extent, it is of the utmost importance that the same is done in line with the procedure established by law to maintain a healthy balance between personal liberty of the individual 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 contended that the impugned order is liable to be set aside on the appearance of the petitioner. It is also submitted that the petitioner undertakes to appear before Mr. Subhash Godara, Addl. A.G., Punjab, who is present in and submits that the impugned been passed on the sole ground of the absence of the petitioner, however, it is not disputed by him that petitioner was already on bail and had 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 Many a times, the accused can be prevented by sufficient reasons a given date and, therefore, it necessarily cannot be construed as a deliberate and willful absence. The appearance before the Court is justified and, While the scheme of criminal justice system necessitates curtailment of personal liberty to some extent, it is of the utmost importance that the same is done in line with the procedure established by law to maintain a healthy balance between personal liberty of the individual-accused and MANISHA 2025.05.08 18:10 I attest to the accuracy and authenticiy of this order/judgment CRM-M-24775 interests of the society in promoting law and order. Such procedure must be compatible with Article 21 of the Constitution of India i.e. it must be fair, just and not suffer from the vice of arbitrariness or unreasonableness. 10. The sole purpose of issuance of presence of the accused before the trial Court. The petitioner case has himself Court on each and every date. 11. In view of the aforesaid facts petition is allowed. The impugned vide which, the bail bonds and bail order of the petitioner non-bailable warrants were issued, 12. Petitioner period of two weeks from today and on bail on his furnishing bail bonds and surety bonds to the satisfaction of the trial Court, along with costs of Rs. Welfare Funds, PGIMER, Chandigarh Court. 13. It is made clear that in case, petitioner fails to appear before the trial Court within a stipulated period and to deposit the afores interim protection granted by this Court shall be deemed to be vacated. May 08, 2025 manisha (i) (ii) 24775-2025 3 sts of the society in promoting law and order. Such procedure must be compatible with Article 21 of the Constitution of India i.e. it must be fair, just and not suffer from the vice of arbitrariness or unreasonableness. The sole purpose of issuance of non presence of the accused before the trial Court. The petitioner himself come forward and has undertaken to appear before the trial Court on each and every date. In view of the aforesaid facts and circumstances, the present wed. The impugned order dated the bail bonds and bail order of the petitioner bailable warrants were issued, is hereby set aside. etitioner is directed to appear before the trial Court within a weeks from today and on his doing so, he shall be admitted to furnishing bail bonds and surety bonds to the satisfaction of the ong with costs of Rs.5,000/- to be deposited with Welfare Funds, PGIMER, Chandigarh for wasting precious time of the It is made clear that in case, petitioner fails to appear before the trial Court within a stipulated period and to deposit the afores interim protection granted by this Court shall be deemed to be vacated. (HARPREET SINGH BRAR Whether speaking/reasoned Whether reportable sts of the society in promoting law and order. Such procedure must be compatible with Article 21 of the Constitution of India i.e. it must be fair, just and not suffer from the vice of arbitrariness or unreasonableness. non-bailable warrants is to secure presence of the accused before the trial Court. The petitioner in the present undertaken to appear before the trial and circumstances, the present order dated 22.05.2024 (Annexure P-2), the bail bonds and bail order of the petitioner were cancelled and hereby set aside. is directed to appear before the trial Court within a doing so, he shall be admitted to furnishing bail bonds and surety bonds to the satisfaction of the to be deposited with Poor Patients for wasting precious time of the It is made clear that in case, petitioner fails to appear before the trial Court within a stipulated period and to deposit the aforesaid cost, the interim protection granted by this Court shall be deemed to be vacated. HARPREET SINGH BRAR) JUDGE Yes/No Yes/No MANISHA 2025.05.08 18:10 I attest to the accuracy and authenticiy of this order/judgment