120 CRM-M-44218-2025 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-44218-2025 Date of decision: 09.09.2025 SUNNY ….Petitioner Versus STATE OF PUNJAB ....Respondent CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- Mr. Arjun Veer Sharma, Advocate for the petitioner. ..… RUPINDERJIT CHAHAL, J. (ORAL) 1. This petition has been filed under Section 528 BNSS, 2023 seeking quashing of impugned order dated 16.08.2022 (Annexure P-4) passed by learned Judge, Special Court (ASJ), Ludhiana in case bearing FIR No.55 dated 17.06.2020 registered under Sections 22 and 25 of the NDPS Act P.S. Doraha, District Khanna, 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. 2. Status report dated 05.09.2025 in the form of an affidavit of Deputy Superintendent of Police, Sub-Division Payal, Police District Khanna, District Ludhiana, has been filed. The same is taken on record. Copy thereof has been supplied to learned counsel for the petitioner. 3. Learned counsel for the petitioner submits that the petitioner was on bail and was regularly appearing before learned trial Court. However, on 16.08.2022, the petitioner could not appear before the trial Puneet Sharma 2025.09.12 17:06 I attest to the accuracy and authenticity of this order/judgment 120 CRM-M-44218-2025 -2- Court as the learned counsel for the petitioner conveyed that the petitioner has been convicted for incarceration already undergone. Subsequently vide order dated 16.08.2022, learned trial Court cancelled the bail of the petitioner and his non-bailable warrants were issued. 4. 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. 5. It is also submitted that the petitioner undertakes to appear before the trial Court on each and every date. 6. Notice of motion. 7. Mr. Ravinder Singh, DAG Punjab, who is present in Court, accepts notice for the respondent-State and submits that the impugned order has been 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 been appearing before the trial Court. 8. 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. 9. Whether the default on the part of the accused is intentional or unintentional depends on facts of each case. In cases where it is found that absence of accused was intentional to evade the process of law, the accused can be penalised by imposing some cost. Puneet Sharma 2025.09.12 17:06 I attest to the accuracy and authenticity of this order/judgment 120 CRM-M-44218-2025 -3- 10. In the present case, the petitioner did not appear on 16.08.2022 before the learned Trial Court and ultimately on 16.08.2022 itself, his bail was cancelled, bail bonds were forfeited to State followed by issuance of non-bailable warrants. By filing the present petition the petitioner has shown his intention to submit before the learned Trial Court. 11. The sole purpose of issuance of bailable/non-bailable warrants is to secure presence of the accused before the trial Court. The petitioner in the present case has himself come forward and has undertaken to appear before the trial Court on each and every date. 12. 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 16.08.2022 is set aside to the extent of cancellation of bail and issuance of non-bailable warrants only, and he is directed to be released on bail, in the eventuality of surrender by him before the trial Court on or before 25.09.2025 subject to payment of Rs.50,000/- as costs to be deposited by the petitioner in Punjab State Legal Services Authority- Disaster Relief Fund, Account No.44426937384, IFSC:SBIN0014656, State Bank of India, Sector 68, SAS Nagar, Mohali. 13. The petitioner shall also furnish fresh bail bonds/surety bonds to the satisfaction of the trial Court. Besides, petitioner will also submit 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 his conduct. Puneet Sharma 2025.09.12 17:06 I attest to the accuracy and authenticity of this order/judgment 120 CRM-M-44218-2025 -4- 14. 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. 15. With aforementioned terms, present petition stands disposed of. (RUPINDERJIT CHAHAL) 09.09.2025 JUDGE puneet i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No Puneet Sharma 2025.09.12 17:06 I attest to the accuracy and authenticity of this order/judgment