CRM-M- IN THE HIGH COURT OF PUNJAB AND HARYANA 122 HARWINDER SINGH @HARVINDER SINGH STATE OF CORAM: HON'BLE MR. JUSTICE Present: SURYA PRATAP SINGH 1. Suraksha Sanhita P-8) passed by the learned Section 36 of the NDPS Act, the bail of the petitioner, who cancelled. presence in 2. 3. behalf of respondent 4. on that day, the petitioner was in custody -48338-2025(O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH HARWINDER SINGH @HARVINDER SINGH VERSUS STATE OF HARYANA CORAM: HON'BLE MR. JUSTICE SURYA PRATAP SINGH Mr. Monty Goyal, Advocate for SURYA PRATAP SINGH, J (ORAL) This is a petition filed under Section 528 of Bha Suraksha Sanhita 2023, for quashing of passed by the learned Special Judge Section 36 of the NDPS Act, hereinafter referred to as ‘ the bail of the petitioner, who is facing a trial under NDPS Act, cancelled. Resultantly, his bail bonds were forfeited and to procure his in the Court, warrants of arrest was issued. Notice of motion. Mr. Parveen Kumar Aggarwal, Addl. A.G., of respondent-State, and waives service. It has been contended by learned counsel for the petitioner that on that day, the petitioner was in custody IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-48338-2025 (O&M) DECIDED ON: 10.09.2025 HARWINDER SINGH @HARVINDER SINGH .....PETITIONER VERSUS .....RESPONDENT SURYA PRATAP SINGH , Advocate for the petitioner. This is a petition filed under Section 528 of Bharatiya Nagarik of order dated 05.06.2025 (Annexure Special Judge, Fatehabad, designated under hereinafter referred to as ‘trial Court’, whereby facing a trial under NDPS Act, was bail bonds were forfeited and to procure his of arrest was issued. Mr. Parveen Kumar Aggarwal, Addl. A.G., Haryana appears on State, and waives service. by learned counsel for the petitioner that on that day, the petitioner was in custody in some other case before the 1 (O&M) 5 .....PETITIONER .....RESPONDENT ratiya Nagarik (Annexure designated under , whereby was bail bonds were forfeited and to procure his Haryana appears on by learned counsel for the petitioner that in some other case before the GAURAV THAKUR 2025.09.12 15:52 I attest to the accuracy and integrity of this document CRM-M- Court at Rajasthan, and therefore, Court. However, learned counsel for the petitioner could not explain under what circumstances the abovementioned fact 5. was not present before the learned trial Court in compliance with the conditions imposed in bail order, the learned trial option, but to of arrest. order, I find no defect 6. liberty for the petitioner to appear before the learned tri application for bail. 7. direction to the petitioner surrenders of the bail application, if moved by the petiti days. It is however clarified that the learned trial Court in the exercise of its discretion impose penalty under Section 491 of BNSS (erstwhile Section 446 of CrPC). Gaurav Thakur -48338-2025(O&M) Court at Rajasthan, and therefore, unable to appear Court. However, learned counsel for the petitioner could not explain under what circumstances the exemption abovementioned fact, could not be moved In view of above, once it is an admitted was not present before the learned trial Court in compliance with the conditions imposed in bail order, the learned trial option, but to cancel the bail order, forfeit the bail bonds and issue of arrest. Since apparently, there is no illegality order, I find no defect in the impugned order At this stage, learned counsel for the petitioner has sought liberty for the petitioner to appear before the learned tri application for bail. In view of above, the present petition is disposed of with a direction to the petitioner to surrender before the learned trial Court s before the learned trial Court, the learned trial Court s of the bail application, if moved by the petiti It is however clarified that the learned trial Court in the exercise of its cretion shall be at liberty to take the petitioner impose penalty under Section 491 of BNSS (erstwhile Section 446 of CrPC). unable to appear before the learned tr Court. However, learned counsel for the petitioner could not explain under exemption application, depicting the moved before the learned trial Court. In view of above, once it is an admitted fact that the petitioner was not present before the learned trial Court in compliance with the conditions imposed in bail order, the learned trial Court was left with no cancel the bail order, forfeit the bail bonds and issue warrants no illegality in the abovementioned in the impugned order. At this stage, learned counsel for the petitioner has sought liberty for the petitioner to appear before the learned trial Court and move an In view of above, the present petition is disposed of with a surrender before the learned trial Court. If , the learned trial Court shall dispose of the bail application, if moved by the petitioner, within a period of three It is however clarified that the learned trial Court in the exercise of its take the petitioner in judicial custody or impose penalty under Section 491 of BNSS (erstwhile Section 446 of CrPC). 2 before the learned trial Court. However, learned counsel for the petitioner could not explain under depicting the fact that the petitioner was not present before the learned trial Court in compliance with the Court was left with no warrants in the abovementioned At this stage, learned counsel for the petitioner has sought al Court and move an In view of above, the present petition is disposed of with a . If he hall dispose three It is however clarified that the learned trial Court in the exercise of its in judicial custody or impose penalty under Section 491 of BNSS (erstwhile Section 446 of CrPC). GAURAV THAKUR 2025.09.12 15:52 I attest to the accuracy and integrity of this document