CRM-M-12969- 179 IN THE HIGH COURT OF PUNJAB AND HARYANA Sunil Kumar @ Lovely State of Punjab CORAM : HON'BLE MS Present: Mr. Arshdeep MANDEEP PANNU J. 1. This petition has been filed under Section seeking quashing (Annexure P-5) Fazilka, cancelled been forfeited to the State followed by issuance of non 2. Learned counsel for the petitioner submits that granted regular bail in FIR No. vide order dated 10.07.2025, the petitioner could not appear before the learned trial Court as he was suffering from Chicken Pox exemption from personal appearance, which was allowed by the learned trial Court and the case was adjourned to 17.10.2025 moved an application seeking exemption from personal appearance -2026 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- CRM Date of Decision : Sunil Kumar @ Lovely VERSUS HON'BLE MS. JUSTICE MANDEEP PANNU . Arshdeep , Advocate for the petitioner. -.- MANDEEP PANNU J. (Oral) This petition has been filed under Section quashing of impugned and setting aside the ) whereby the learned Additional cancelled the bail of the petitioner and been forfeited to the State followed by issuance of non Learned counsel for the petitioner submits that granted regular bail in FIR No.211, dated 17.12.2022 vide order dated 17.01.2023. He was regularly appearing before the trial Court. On 10.07.2025, the petitioner could not appear before the learned trial Court as he was suffering from Chicken Pox, however he moved an application for seeking exemption from personal appearance, which was allowed by the learned trial Court and the case was adjourned to 17.10.2025. On 17.10.2025, also the petitioner moved an application seeking exemption from personal appearance -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-12969-2026 (O&M) Date of Decision : 10.03.2026 ....Petitioner ....Respondent MANDEEP PANNU , Advocate for the petitioner. This petition has been filed under Section 482 Cr.P.C/528 of BNSS and setting aside the order dated 11.12.2025 Additional District and Sessions Judge, the bail of the petitioner and his bail bonds/surety bonds have been forfeited to the State followed by issuance of non-bailable warrants of arrest Learned counsel for the petitioner submits that the petitioner was 17.12.2022 by the learned trial Court . He was regularly appearing before the trial Court. On 10.07.2025, the petitioner could not appear before the learned trial Court as he was , however he moved an application for seeking exemption from personal appearance, which was allowed by the learned trial Court . On 17.10.2025, also the petitioner moved an application seeking exemption from personal appearance due to his /528 of BNSS 11.12.2025 District and Sessions Judge, bail bonds/surety bonds have bailable warrants of arrest. was rial Court . He was regularly appearing before the trial Court. On 10.07.2025, the petitioner could not appear before the learned trial Court as he was , however he moved an application for seeking exemption from personal appearance, which was allowed by the learned trial Court . On 17.10.2025, also the petitioner due to his TRIPTI SAINI 2026.03.11 14:19 I attest to the accuracy and integrity of this document CRM-M-12969- medical condition, the 11.12.2025. On 11.12.2025, also on the same ground the petitioner moved an application for exemption from personal appearance, however, the same was dismissed. His State and non-bailable warrants were issued against 3. Learned counsel for the petitioner appearance of the petitioner was not deliberate or intentional and thus, ag by the said order, he has approached this Court by way of instant petition. It is contended that the impugned order unintentional non 4. It is also submitted that the petiti trial Court on each and every date. 5. Notice of motion. 6. Mr. H.S.Wadhwa, DAG Punjab, notice for the respondent passed on the sole ground of the absence of the petitioner. 7. 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 matter is taken up for final disposal. 8. Considering the totality of circumstances, this Court is of the view that the petitioner can be directed to appear before the trial Court so that trial may resume. Accordingly, plea of the petitioner is accepted. Impugned order dated 11.12.2025 non-bailable warrants only, and he is directed to be released on bail, in the -2026 (O&M) medical condition, the same was allowed and the matter was adjourned to 11.12.2025. On 11.12.2025, also on the same ground the petitioner moved an for exemption from personal appearance, however, the same was is bail were cancelled and bail/surety bonds were forfeited to the bailable warrants were issued against Learned counsel for the petitioner appearance of the petitioner was not deliberate or intentional and thus, ag 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 ground of unintentional non-appearance of the petitioner. It is also submitted that the petitioner undertakes to appear before the trial Court on each and every date. Notice of motion. Mr. H.S.Wadhwa, DAG Punjab, notice for the respondent-State and submits that the impugned passed on the sole ground of the absence of the petitioner. 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 matter is taken up for final disposal. Considering the totality of circumstances, this Court is of the view that the petitioner can be directed to appear before the trial Court so that trial may resume. Accordingly, plea of the petitioner is accepted. Impugned .12.2025 (Annexure P-5) is set aside to the extent of issuance of bailable warrants only, and he is directed to be released on bail, in the -2- same was allowed and the matter was adjourned to 11.12.2025. On 11.12.2025, also on the same ground the petitioner moved an for exemption from personal appearance, however, the same was cancelled and bail/surety bonds were forfeited to the bailable warrants were issued against him. Learned counsel for the petitioner inter alia contends that non appearance of the petitioner was not deliberate or intentional and thus, aggrieved by the said order, he has approached this Court by way of instant petition. It is liable to be set aside on the ground of oner undertakes to appear before the . H.S.Wadhwa, DAG Punjab, who is present in Court, accepts State and submits that the impugned order has been passed on the sole ground of the absence of the petitioner. 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 matter is Considering the totality of circumstances, this Court is of the view that the petitioner can be directed to appear before the trial Court/Duty Magistrate so that trial may resume. Accordingly, plea of the petitioner is accepted. Impugned set aside to the extent of issuance of bailable warrants only, and he is directed to be released on bail, in the same was allowed and the matter was adjourned to 11.12.2025. On 11.12.2025, also on the same ground the petitioner moved an for exemption from personal appearance, however, the same was cancelled and bail/surety bonds were forfeited to the contends that non- grieved by the said order, he has approached this Court by way of instant petition. It is liable to be set aside on the ground of oner undertakes to appear before the who is present in Court, accepts been 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 matter is Considering the totality of circumstances, this Court is of the view /Duty Magistrate, so that trial may resume. Accordingly, plea of the petitioner is accepted. Impugned set aside to the extent of issuance of bailable warrants only, and he is directed to be released on bail, in the TRIPTI SAINI 2026.03.11 14:19 I attest to the accuracy and integrity of this document CRM-M-12969- eventuality of surrender by period of one week from today. 9. The petitioner shall also furnish bail bonds/surety bonds to the satisfaction of the trial Court an undertaking/affidavit that he will keep appearing during the proceedings of the trial in future and the proceedings will not be delayed because of 10. It is made clear that in case, petitioner fails to appear before the trial Court within a stipulated period, this order shall be deemed to be vacated. 11. With aforementioned terms, present petition stands disposed of. 12. All pending miscellaneous application(s), if any, stands disposed of. March 10, 2026 tripti Whether speaking/non Whether reportable -2026 (O&M) eventuality of surrender by him before the trial Court period of one week from today. The petitioner shall also furnish bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate. Besides, petitioner will also submit an undertaking/affidavit that he will keep appearing during the proceedings of the nd the proceedings will not be delayed because of It is made clear that in case, petitioner fails to appear before the trial Court within a stipulated period, this order shall be deemed to be vacated. With aforementioned terms, present petition stands disposed of. All pending miscellaneous application(s), if any, stands disposed of. Whether speaking/non-speaking : Speaking Whether reportable : Yes/No -3- before the trial Court/Duty Magistrate within a The petitioner shall also furnish bail bonds/surety bonds to the . Besides, petitioner will also submit an undertaking/affidavit that he will keep appearing during the proceedings of the nd the proceedings will not be delayed because of his conduct. It is made clear that in case, petitioner fails to appear before the trial Court within a stipulated period, this order shall be deemed to be vacated. With aforementioned terms, present petition stands disposed of. All pending miscellaneous application(s), if any, stands disposed of. (MANDEEP PANNU) JUDGE within a The petitioner shall also furnish bail bonds/surety bonds to the . Besides, petitioner will also submit an undertaking/affidavit that he will keep appearing during the proceedings of the It is made clear that in case, petitioner fails to appear before the trial All pending miscellaneous application(s), if any, stands disposed of. TRIPTI SAINI 2026.03.11 14:19 I attest to the accuracy and integrity of this document