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2025 DAILYLAW 61698 (PNJ)

LAKHWINDER SINGH v. STATE OF PUNJAB

CRM-M/29114/2025 · 2025-05-26

Manisha Batra

body2025

Judgment text

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CRM-M-29114 of 2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 136 CRM-M-29114 of 2025 Date of Decision: 26.05.2025 Lakhwinder Singh ....Petitioner Versus State of Punjab ....Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Impinder Singh Dhaliwal, Advocate for the petitioner. Ms. Himani Arora, AAG, Punjab. ***** Manisha Batra, J.(Oral) 1. Prayer in the present petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”) is for quashing of the order dated 20.03.2025 (Annexure P-3) passed by the Court of learned Additional Sessions Judge, Sangrur in NDPS case No.427 of 2022 titled as ‘State of Punjab Vs. Bagga Singh etc.’, whereby, the bail of the petitioner was cancelled and his bonds were ordered to be forfeited to the State due to his non-appearance. 2. It is inter alia submitted by learned counsel for the petitioner that he could not appear on 20.03.2025 as he was arrested and was in custody in another case bearing FIR No.33 dated 14.04.2024 registered under Section 15 of the NDPS Act. He has been extended the benefit of regular bail vide order dated 02.05.2025 passed by this Court in CRM-M- DINESH BANSAL 2025.05.27 16:23 I attest to the accuracy and integrity of this document Chandigarh CRM-M-29114 of 2025 -2- 22494-2025. It is submitted that the petitioner is willing to join the proceedings before the learned trial Court and his absence was not intentional but due to the reasons mentioned above, therefore, it is urged that the impugned order be set aside. 3. A perusal of the order dated 20.03.2025 reveals that the bail of the petitioner was cancelled due to his non-appearance on that date. Although, no illegality or infirmity is found in the impugned order, however, in view of the fact that his absence was not intentional and he is willing to join the proceedings before the learned trial Court and to abide by the terms and conditions imposed upon him and since it appears that it was not on account of any carelessness that he could not appear before the learned trial Court on 20.03.2205, therefore, the present petition is disposed of with a direction to the petitioner to surrender before the learned trial Court within a period of 15 days from today on his furnishing fresh bail bonds/surety bonds to the satisfaction of the learned trial Court. 4. 4. A copy of this order be handed over to learned counsel for the petitioner under the signatures of Bench Secretary of this Court. (MANISHA BATRA) 26.05.2025 JUDGE D.Bansal Whether speaking/ reasoned : Yes/ No Whether Reportable : Yes/ No DINESH BANSAL 2025.05.27 16:23 I attest to the accuracy and integrity of this document Chandigarh