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CRM-M-17857-2026 (O&M) - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 151
CRM-M-17857-2026 (O&M) Date of Decision : 06.04.2026 Geetanjali and Another ....Petitioners VERSUS State of Punjab ....Respondents
CORAM : HON'BLE MR. JUSTICE AMAN CHAUDHARY Present: Mr. Kamal Narula, Advocate for the petitioners. ***** AMAN CHAUDHARY J. (ORAL)
1. Prayer made in the present petition is for quashing the impugned order dated 24.02.2026, Annexure P-4, passed by learned Additional District and Sessions Judge, Fazilka, vide which bail of the petitioners have been cancelled and non-bailable warrants were issued against them, as well as order dated 10.03.2026, Annexure P-5, whereby the proclamation proceedings were initiated by the learned trial Court.
2.
Learned counsel submits that the petitioners were granted regular bail by the trial Court vide orders dated 08.12.2023 and 30.10.2024, respectively and they were regularly appearing before the trial Court. Thereafter, on 24.02.2026 petitioner No.1 could not appear, because she was advised to rest as she was unfit and petitioner No.2, could not appear as he, being her husband, was to look after her. On account of their non-appearance on 24.02.2026, their bail was cancelled, bonds were forfeited and non-bailable warrants were issued against them, which were received back unserved and still vide order dated 10.03.2026, proclamation TRIPTI SAINI 2026.04.07 16:36 I attest to the accuracy and integrity of this document
CRM-M-17857-2026 (O&M) - 2 - was issued against them. Their non-appearance was neither intentional nor deliberate but due to the aforesaid bonafide reason. They are ready and willing to join the proceedings on or before the next date of hearing and pray for grant of one opportunity for them 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 petitioners, as they had absented themselves 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 25.03.2026 and the case is now fixed for 24.04.2026, which reflects the bona fide of the petitioners 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 petitioners to surrender and join the proceedings, which was incumbent upon them for the culmination of the same, the present petition deserves to be and is allowed, in the TRIPTI SAINI 2026.04.07 16:36 I attest to the accuracy and integrity of this document
CRM-M-17857-2026 (O&M) - 3 - interest of justice, so as to facilitate expediting the trial and for taking it to its logical end. 10. As a consequence of the aforesaid, the impugned orders dated 24.02.2026 and 10.03.2026, Annexure P-4 and P-5, are set aside. 11. The petitioners are directed to surrender before the learned trial Court on or before 20.04.2026 and deposit Rs.10,000/- (each) as costs with Nanhi Jaan Trust having its Account No.134101000271 IFSC Code-ICIC0001341, Bank-ICICI Bank, Sector 34, Chandigarh, whereupon, they be released on the same bail/surety bonds as had been furnished by them at the time of granting bail. They are also directed to furnish an undertaking by way of an affidavit that they will appear on each and every date of hearing before the learned trial Court, unless specifically exempted by the Court. They 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 petitioners do 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