132 IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CRM-M-35678-2025 (O&M) Date of Decision: 10.07.2025 JOBANJEET SINGH …Petitioner V/S STATE OF PUNJAB …Respondent CORAM: HON’BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Angel Walia, Advocate for the petitioner. Mr. Subhash Godara, Addl. AG Punjab. **** HARPREET SINGH BRAR J. (Oral) 1. This petition has been filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking quashing of impugned order dated 18.03.2025 (Annexure P-14) passed by learned JSC/ADJ/ASJ, Tarn Taran in case bearing FIR No. 141 dated 27.08.2021 registered under Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Sadar Tarn Taran, District Tarn Taran, whereby bail order of the petitioner was cancelled and non-bailable warrants were issued against him. 2. Learned counsel for the petitioner submits that petitioner was granted bail by learned Special Court, Tarn Taran vide order dated 04.10.2021 and subsequently, petitioner was appearing before the learned trial Court on each and every date. However, due to bona fide and genuine mistake of the petitioner, he inadvertently noted down wrong adjourned date i.e. 18.05.2025, instead of the actual adjourned date i.e. 18.03.2025 and it was only after visiting his counsel’s office on 18.05.2025 that the petitioner was apprised of his missed Court date of 18.03.2025. Therefore, learned trial Court cancelled AJAY GOSWAMI 2025.07.10 17:25 I attest to the accuracy and integrity of this document CRM-M-35678-2025 (O&M) -2- the bail order of the petitioner and issued non-bailable warrants against him due to his non-appearance on 18.03.2025. 3. 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 contended that the impugned order is liable to be set aside on the ground of unintentional non-appearance of the petitioner. 4. It is also submitted that the petitioner undertakes to appear before the Court below on each and every date. 5. 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. 6. 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 willful absence. The explanation offered for non-appearance before the Court is justified and, therefore, the same is accepted. 7. 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 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. 8. The sole purpose of issuance of non-bailable warrants is to secure presence of the accused before the Court below. The petitioner in the present AJAY GOSWAMI 2025.07.10 17:25 I attest to the accuracy and integrity of this document CRM-M-35678-2025 (O&M) -3- case has himself come forward and has undertaken to appear before the Court below on each and every date. 9. In view of the aforesaid facts and circumstances, the present petition is allowed. The impugned order dated 18.03.2025 (Annexure P-14), vide which bail order of the petitioner has been cancelled and non-bailable warrants have been issued against him, is hereby set aside. 10. Petitioner is directed to appear before the trial Court within a period of four weeks from today and on his doing so, he shall be admitted to bail on his furnishing bail bonds and surety bonds to the satisfaction of the Court below, along with costs of Rs. 10,000/- to be deposited with All Indian Pingalwara Charitable Society Jalandhar Branch, Makdoom Pura Dhobi Mohalla, Jalandhar, for wasting precious time of the Court. 11. The receipt of payment of costs imposed must be presented before learned Court below. The learned Court below is directed to grant bail to the petitioner only upon verification of payment of said cost. 12. It is made clear that in case, petitioner fails to appear before the Court below within the stipulated period and to deposit the aforesaid cost, the interim protection granted by this Court shall be deemed to be automatically vacated, without any further reference by this Court. (HARPREET SINGH BRAR) 10.07.2025 JUDGE Ajay Goswami Whether speaking/reasoned Yes/No Whether reportable Yes/No AJAY GOSWAMI 2025.07.10 17:25 I attest to the accuracy and integrity of this document