137 IN THE HIGH COURT OF PUNJAB AND HARYANA BALWINDER SINGH ALIAS GOPI STATE OF PUNJAB CORAM: HON’BLE MR. Present: Ms HARPREET SINGH BRAR 1. This petition has been filed under Section seeking quashing of by learned Judicial Magistrate First Class, Kapurthala No.333 dated 08.10.2022 Police Station Kotwali Kapurthala the petitioner has been cancelled and his bail bonds/surety bonds have been forfeited to the State followed by issuance of non 2. Learned counsel for the petitioner petitioner was confined in the jail despite issuance of his production warrants on several dates. Thereafter, when the petitioner was released from jail, he was under the impression that his presence is not nec non-appearance, and issued his non 3. Learned counsel for the petitioner appearance of the petitioner IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH BALWINDER SINGH ALIAS GOPI V/S PUNJAB HON’BLE MR. JUSTICE HARPREET SINGH BRAR s. Bhupinder Kaur Bhangu, Advocate for the petitioner. **** HARPREET SINGH BRAR, J. (ORAL) This petition has been filed under Section seeking quashing of impugned order dated 10.10.2024 Judicial Magistrate First Class, Kapurthala 08.10.2022 registered under Section Kotwali Kapurthala, District Kapurthala, the petitioner has been cancelled and his bail bonds/surety bonds have been forfeited to the State followed by issuance of non Learned counsel for the petitioner petitioner was confined in the jail and was not produced by the jail authorities despite issuance of his production warrants on several dates. Thereafter, when the petitioner was released from jail, he was under the impression that his presence is not necessary before the learned trial Court. Thereafter, upon his appearance, the learned trial Court has cancelled the bail of the petitioner non-bailable warrants on 10.10.2024. Learned counsel for the petitioner appearance of the petitioner was not deliberate IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-30205-2025 Date of decision: 29.05.2025 ...PETITIONER ...RESPONDENT HARPREET SINGH BRAR Advocate for the petitioner. This petition has been filed under Section 528 BNSS, 2023 10.10.2024 (Annexure P-3) passed Judicial Magistrate First Class, Kapurthala in case bearing FIR registered under Section 52-A of Prisons Act at , District Kapurthala, whereby, the bail of the petitioner has been cancelled and his bail bonds/surety bonds have been forfeited to the State followed by issuance of non-bailable warrants. Learned counsel for the petitioner submits that initially, the and was not produced by the jail authorities despite issuance of his production warrants on several dates. Thereafter, when the petitioner was released from jail, he was under the impression that his essary before the learned trial Court. Thereafter, upon his cancelled the bail of the petitioner on 10.10.2024. Learned counsel for the petitioner further contends that non- was not deliberate or intentional and thus, MANISHA 2025.05.29 14:51 I attest to the accuracy and authenticiy of this order/judgment CRM-M-30205 aggrieved by the said order, he has approached this Court by way of instant petition. It is contended that the impugned order ground of unintentio 4. It is also submitted that the petitioner undertake the trial Court on 5. Notice of motion. 6. Mr. Subhash Godara, Addl. A.G., Punjab Court, accepts notice for the respondent order has been however, it is not disputed by him that petitioner been appearing before the trial Court. 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. Many a times, the accused can be 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 therefore, the same is accepted. 9. 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 interests of the society in promoting law and order. Such procedure must be 30205-2025 2 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 petitioner 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 submits that the impugned passed on the sole ground of the absence of the petitioner, however, it is not disputed by him that petitioner ppearing before the trial Court. 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. 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, refore, the same is accepted. 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 thy balance between personal liberty of the individual interests of the society in promoting law and order. Such procedure must be 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 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 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 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 thy balance between personal liberty of the individual-accused and interests of the society in promoting law and order. Such procedure must be MANISHA 2025.05.29 14:51 I attest to the accuracy and authenticiy of this order/judgment CRM-M-30205 compatible with Article 21 of the Constitution of India i.e. it must be fair, just and not suffer from the vice o 10. The sole purpose of issuance of non 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 and circumstances, the present petition is allowed. The impugned order dated vide which, the bail bonds and bail order of the petitioner non-bailable warrants were issued, is 12. Petitioner period of four weeks furnishing bail bonds and surety bo along with costs of Rs. Charitable Society, Makdoom Pura, Jalandhar, the Court. 13. Receipt of payment of cost must be presented before learned trial Court and learned trial Court is directed to verify the same. 14. It is made clear that in case, petitioner fails to appear before the trial Court within a stipulated period, the interim pr Court shall be deemed to be vacated. May 29, 2025 manisha (i) (ii) 30205-2025 3 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 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 period of four weeks and on his doing so, he shall be admitted to bail on furnishing bail bonds and surety bonds to the satisfaction of the trial Court, ong with costs of Rs.10,000/- to be deposited with Charitable Society, Makdoom Pura, Jalandhar, Receipt of payment of cost must be presented before learned trial Court and learned trial Court is directed to verify the same. It is made clear that in case, petitioner fails to appear before the trial Court within a stipulated period, the interim pr Court shall be deemed to be vacated. (HARPREET SINGH BRAR Whether speaking/reasoned Whether reportable compatible with Article 21 of the Constitution of India i.e. it must be fair, just f arbitrariness or unreasonableness. The sole purpose of issuance of 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 In view of the aforesaid facts and circumstances, the present wed. The impugned order dated 10.10.2024 (Annexure P-3), 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 bail on his nds to the satisfaction of the trial Court, to be deposited with All India Pingalwara Charitable Society, Makdoom Pura, Jalandhar, for wasting precious time of Receipt of payment of cost must be presented before learned trial Court and learned trial Court is directed to verify the same. It is made clear that in case, petitioner fails to appear before the trial Court within a stipulated period, the interim protection granted by this HARPREET SINGH BRAR) JUDGE Yes/No Yes/No MANISHA 2025.05.29 14:51 I attest to the accuracy and authenticiy of this order/judgment