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2025 DAILYLAW 87199 (PNJ)

ARFAAT v. STATE OF HARYANA

CRM-M/42484/2025 · 2025-08-06

Surya Partap Singh

body2025

Judgment text

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CRM-M-42484-2025 -1- 128 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-42484-2025 Date of Decision: 06.08.2025 ARFAAT ..... PETITIONER VERSUS STATE OF HARYANA ....RESPONDENTS CORAM: HON'BLE MR. JUSTICE SURYA PARTAP SINGH Present: Mr. Sunil Saini, Advocate for the petitioner. SURYA PARTAP SINGH , J. (ORAL) This is a petition, filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), seeking quashing of order dated 08.07.2025 (Annexure P-4) whereby bail of the petitioner has been cancelled in the case pertaining to FIR No.335, dated 05.09.2022, registered under Section 21-B and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘NDPS Act’), Police Station Bilaspur, District Yamunanagar. Notice of motion. Mr. Parveen Kumar Aggarwal, Additional Advocate General, SEEMA 2025.08.07 18:17 I attest to the accuracy and integrity of this document CRM-M-42484-2025 -2- Haryana accepts notice on behalf of the respondent-State and waives service. Learned counsel for the petitioner submits that bail of the petitioner has been cancelled because the petitioner could not appear before the learned trial Court on the date fixed as he was out of station and fell ill. Consequently his bail was cancelled and the bail bonds were forfeited to the State, followed by issuance of warrant of arrest. In view of the peculiar facts and circumstances of this case, the present petition is disposed of with a direction to the petitioner to appear before the learned trial Court within a period of ten days from today and in case, he appears before the learned Appellate Court within the stipulated period, he shall be admitted to bail on furnishing bail bonds to the satisfaction of the learned trial Court concerned/Illaqa Magistrate/Duty Magistrate. However, it is made clear that the learned trial Court will be at liberty to proceed against the petitioner as well as his surety as per provisions contained under Section 491 of BNNS (erstwhile Section 446 of Cr.P.C.). (SURYA PARTAP SINGH) 06.08.2025 JUDGE Sima Sima Sima Sima Whether speaking/reasoned Yes/No Whether reportable Yes/No SEEMA 2025.08.07 18:17 I attest to the accuracy and integrity of this document