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2025 DAILYLAW 95817 (PNJ)

SANTOSH RAI v. STATE OF PUNJAB

CRM-M/48606/2025 · 2025-09-01

Rajesh Bhardwaj

body2025

Judgment text

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CRM-M-48606-2025 1 140 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-48606-2025 Date of decision : 01.09.2025 Santosh Rai .....Petitioner versus State of Punjab ..... Respondent CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ **** Present :- Mr. Bhawesh Chaudhary, Advocate for the petitioner (through V.C.). **** RAJESH BHARDWAJ , J. (Oral) 1. Prayer in the present petition is for quashing of order dated 22.04.2025 (Annexure P-1) and all consequential proceedings including arrest warrants passed by learned Additional Sessions Judge, Ludhiana, in case No.NDPS/21930/2023 titled as ‘State Vs. Santosh Rai’ in FIR No.128 dated 09.08.2022 under Section 20 of NDPS Act, registered at Police Station Khanna City-2, Khanna, District Ludhiana, whereby the bail bonds of the petitioner stands cancelled and arrest warrants were issued for 08.08.2025. 2. It has been contended by counsel for the petitioner that after being granted bail, the petitioner was regularly appearing before the trial Court. However, on 22.04.2025, petitioner was unable to appear as he was suffering from severe back pain and fever and due to this reason, he remained absent from the Court and his bail was cancelled and bail bonds POOJA SHARMA 2025.09.02 09:28 I attest to the accuracy and integrity of this document CRM-M-48606-2025 2 were forfeited to the State. He submits that the petitioner has no criminal antecedents and he is ready to join the proceedings and abide by the terms and conditions of bail, imposed by the Court. 3. Notice of motion. 4. On asking of the Court, Mr. J.S. Arora, D.A.G., Punjab accepts notice on behalf of the respondent-State. 5. Learned State counsel has opposed the submissions made by learned counsel for the petitioner and has stated that the trial Court has rightly cancelled the bail granted of the petitioner who remained absent on 22.04.2025 without any valid reason. 6. After hearing counsel for the petitioner and perusing the record, it is apparent that the petitioner remained absent on 22.04.2025 and his bail was cancelled and bail bonds were forfeited to the State. The reason for his absence was given that due to his ill health, he could not appear before the Court. The petitioner is keen to join the proceedings. So keeping in view the abovesaid facts, the present petition is disposed of and the order dated 22.04.2025 and all consequential proceedings including arrest warrants, is set aside subject to payment of Rs.10,000/- as costs to be paid to the ‘‘Day Care Centre for Elderly Disabled in home for old & Destitute People, Sector-15 Chandigarh’ by the petitioner within one week from today. In case, the petitioner appears and surrenders before the Court concerned within a period of 10 days from today and files an application for bail alongwith receipt of abovesaid costs, the Court concerned is directed to admit him to bail subject to its satisfaction and proceed with the trial in accordance with law. He will have protection from arrest for a period of 10 days from today. 7. Needless to say that in case the petitioner fails to comply with POOJA SHARMA 2025.09.02 09:28 I attest to the accuracy and integrity of this document CRM-M-48606-2025 3 the abovesaid direction, he will have no benefit of abovesaid protection granted by this Court and order under challenge dated 22.04.2025 and all consequential proceedings, would automatically come in force. 01.09.2025 ( RAJESH BHARDWAJ ) ps-I JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No POOJA SHARMA 2025.09.02 09:28 I attest to the accuracy and integrity of this document