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2026 DAILYLAW 515 (PNJ)

GULAB SINGH v. STATE OF PUNJAB

CRM-M/18408/2026 · 2026-04-06

Aman Chaudhary

body2026

Judgment text

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CRM-M-18408-2026 (O&M) - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 162 CRM-M-18408-2026 (O&M) Date of Decision : 06.04.2026 Gulab Singh ....Petitioner VERSUS State of Punjab ....Respondent CORAM : HON'BLE MR. JUSTICE AMAN CHAUDHARY Present: Mr. Karandeep Singh Dargan, Advocate for the petitioner. ***** AMAN CHAUDHARY J. (Oral) 1. The present petition has been filed under Section 528 BNSS, 2023, for quashing the order dated 06.02.2026, Annexure P-1, passed by learned Sessions Judge, Fazilka, vide which the bail of the petitioner has been cancelled and bonds forfeited to the State in case FIR No.071 dated 14.03.2020, under Section 379 of IPC [Section 303 of BNS] and Section 21 Mines and Mineral (Regulation of Development) Act and Sections 3 & 4 of Public Property Act, registered at Police Station Sadar Fazilka, District Punjab. 2. Learned counsel submits that the petitioner was granted regular bail, vide order dated 06.05.2020, Annexure P-3, whereafter he again appeared before the trial Court after presentation of challan on 20.12.2025, however, he absented on 06.02.2026 as he being driver had gone to Rajasthan to earn his livelihood, which led to cancellation of his bail and forfeiture of bail bonds and issuance of warrants of arrest. His non-appearance was neither intentional nor deliberate, rather due to TRIPTI SAINI 2026.04.07 16:36 I attest to the accuracy and integrity of this document CRM-M-18408-2026 (O&M) - 2 - the aforesaid bonafide reason. He is ready and willing to join the proceedings on or before the next date of hearing and prays for grant of one opportunity for him to surrender before the trial Court, even if the same is subject to costs. 3. Notice of motion. 4. Mr. Manipal Singh Atwal, DAG, Punjab, accepts notice on behalf of respondent-State and submits that the warrants of arrest have been rightly issued against the petitioner, as he had absented from the proceedings. 5. Heard. 6. The very purpose of issuance of warrants of arrest, is to compel and secure the presence of the accused to face trial and establish the rule of law, as also to ensure finalization of the proceedings. 7. The present petition has been filed on 30.03.2026 and the case is now fixed for today, which reflects the bonafide of the petitioner to join the proceedings. 8. This Court in CRM-M-36490-2022, titled as Major Singh vs. State of Punjab, decided on 15.09.2022, CRM-M-38277-2022, Surjit Singh vs. State of Punjab, dated 26.08.2022 and CRM-M-39000-2022, titled as Raghav vs. State of Punjab, decided on 09.09.2022, had set aside the orders of non-bailable warrants. 9. Considering the facts and circumstances of the case, judgments referred to hereinabove, the readiness and willingness of the petitioner to surrender and join the proceedings, which was incumbent upon him for the culmination of the same, the present petition deserves to be and is allowed, in the interest of justice, so as to facilitate expediting the trial and for taking it to its logical end. TRIPTI SAINI 2026.04.07 16:36 I attest to the accuracy and integrity of this document CRM-M-18408-2026 (O&M) - 3 - 10. As a consequence of the aforesaid, the impugned order dated 06.02.2026, Annexure P-1, is set aside. 11. The petitioner is directed to surrender before the learned trial Court on or before 20.04.2026 and deposit Rs.5,000/- as costs with Nofal Ek Umeed Charitable Trust, running langar sewa for poor patients and their relatives in PGI Chandigarh, having its Account No.0579073000000156, IFSC Code- IFSCSIBL0000579, Bank- The South India Bank Limited, Chandigarh , whereupon, he be released on the same bail/surety bonds as had been furnished by him at the time of granting bail. He is also directed to furnish an undertaking by way of an affidavit that he will appear on each and every date of hearing before the learned trial Court, unless specifically exempted by the Court. He shall not leave the country without prior permission of the Court. The trial Court may impose any other condition that it may deem appropriate in the facts and circumstances of the present case. 12. The present petition is accordingly allowed. 13. Before parting with this order, it is made abundantly clear that in case the petitioner does not adhere to the aforesaid, the present petition shall be deemed to have been dismissed without any reference to this Court. April 06, 2026 ( AMAN CHAUDHARY ) tripti JUDGE Whether speaking/reasoned : Yes / No Whether reportable : Yes / No TRIPTI SAINI 2026.04.07 16:36 I attest to the accuracy and integrity of this document