CRM-M-37682-2026(O&M) -1- (146) CRM-M-37682-2026(O&M) Date of Decision: 15.07.2026 Gurvinder Singh @ Golu ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present : Mr. Amarsh Dudeja, Advocate for the petitioner. Mr. Ramesh Kumar Ambavta, DAG, Haryana. **** VIRINDER AGGARWAL, J. (ORAL) 1. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 of the Code of Criminal Procedure, 1973), seeking quashing of the orders dated 09.10.2025 and 18.05.2026 passed by the learned Additional Sessions Judge, Panchkula in case bearing No. NDPS-5-2019 arising out of FIR No.43 dated 23.02.2018 registered under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Chandimandir, District Panchkula, whereby the petitioner's bail bonds were forfeited and warrants of arrest were issued. 2. Learned counsel for the petitioner submits that the petitioner was granted regular bail on 18.04.2018 and remained on bail during the pendency of the trial. However, on 09.10.2025, owing to his absence, the application seeking exemption from personal appearance was dismissed, his bail bonds were forfeited and warrants of arrest were issued. It is submitted that shortly thereafter, the petitioner's father expired on 29.10.2025 and the petitioner was occupied with the family POONAM 2026.07.16 10:00 I attest to the accuracy and integrity of this document CRM-M-37682-2026(O&M) -2- responsibilities arising therefrom. Thereafter, the petitioner was arrested in another criminal case on 03.03.2026 and remained confined in Central Jail, Ambala till he was granted regular bail by this Court on 11.05.2026. It is contended that his absence was neither deliberate nor intentional and was occasioned by circumstances beyond his control. It is further submitted that the petitioner undertakes to appear before the trial Court regularly and seeks one opportunity to participate in the trial. 3. Notice of motion. 4. On the other hand, learned State counsel opposes the petition and submits that the petitioner remained absent despite repeated opportunities, compelling the trial Court to issue warrants of arrest. It is contended that no interference is warranted in the impugned orders. 5. I have heard learned counsel for the parties and have perused the record. 6. The record reveals that the petitioner was granted regular bail by the learned Additional Sessions Judge, Panchkula on 18.04.2018. Charges were framed on 11.10.2019 and the trial has remained pending thereafter. On 09.10.2025, when the petitioner failed to appear, his application seeking exemption from personal appearance was dismissed, his bail bonds were forfeited and warrants of arrest were issued. Subsequently, fresh warrants continued to be issued as the petitioner could not be secured. The record also indicates that on 01.04.2026 the petitioner was lodged in Central Jail, Ambala in connection with another criminal case and production warrants were ordered to be issued. Upon his release on bail in the other case, he could not be produced by Jail Authorities, resulting in issuance of fresh warrants on 18.05.2026. POONAM 2026.07.16 10:00 I attest to the accuracy and integrity of this document CRM-M-37682-2026(O&M) -3- 7. Undoubtedly, an accused who has been enlarged on bail is under a legal obligation to remain present before the trial Court on each and every date of hearing unless exempted in accordance with law. Repeated non-appearance cannot be lightly condoned. Equally, the power under Section 528 BNSS is intended to secure the ends of justice and prevent abuse of the process of Court. The explanation furnished by the petitioner, namely the demise of his father followed by his incarceration in another criminal case, cannot be said to be wholly implausible. At the same time, the conduct of the petitioner does not justify quashing of the impugned orders in toto without ensuring his submission to the jurisdiction of the trial Court. 8. In the considered opinion of this Court, the interest of justice would be adequately served by directing the petitioner to surrender before the trial Court and seek revival of his bail in accordance with law rather than permitting him to bypass the process of the Court. 9. In view of the aforesaid facts and circumstances, the present petition is allowed. 10. Accordingly, without expressing any opinion on the merits of the prosecution case, the present petition is disposed of with the following directions: 1. The petitioner shall surrender before the learned trial Court within seven (07) days from today. 2. Upon his surrender, the petitioner shall furnish fresh bail bonds and surety bonds under Section 446 of the Code of Criminal Procedure, 1973 (or the corresponding provision POONAM 2026.07.16 10:00 I attest to the accuracy and integrity of this document CRM-M-37682-2026(O&M) -4- of the Bharatiya Nagarik Suraksha Sanhita, 2023, as applicable), to the satisfaction of the learned trial Court. 3. On such surrender and furnishing of the requisite bonds, the learned trial Court shall accept the same and permit the petitioner to participate in the trial, subject to such terms and conditions as may be deemed appropriate in accordance with law. 4. The petitioner shall remain present before the trial Court on each and every date of hearing unless his personal appearance is specifically exempted. 5. It is made clear that in the event of failure of the petitioner to surrender within the aforesaid period of seven days, the present order shall automatically cease to operate and the impugned orders as well as the warrants issued against the petitioner shall remain operative in accordance with law. 6. Trial Court shall carry out proceedings in accordance with Section 446 of Cr.P.C. for petitioner absenting himself from Court on 09.10.2025. 11. The petition stands disposed of in the above terms. Pending miscellaneous application(s), if any, shall also stand disposed of. (VIRINDER AGGARWAL) JUDGE 15.07.2026 Poonam Whether speaking/reasoned: Yes/No Whether Reportable : Yes/No POONAM 2026.07.16 10:00 I attest to the accuracy and integrity of this document