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CRM-M-4958-2026 1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

123

CRM-M-4958-2026

Decided on : 30.01.2026

JASWINDER PAL

. . . Petitioner(s)

Versus

STATE OF PUNJAB AND ANOTHER

. . . Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

PRESENT: Mr. Salinder Kumar Saini, Advocate

for the petitioner(s).

Mr. Jasdeep Singh, Addl. AG, Punjab.

****

SANJAY VASHISTH, J. (Oral)

1. Instant petition, under Section 528 of the BNSS, 2023 (earlier

Section 482 Cr.P.C.), has been filed for quashing of the order dated

27.10.2025 (Annexure P-13), passed by Ld. Additional Sessions

Judge/Special Judge, Patiala, whereby non-bailable warrants have been

issued against the petitioner, on account of his non-appearance in the

following FIR:-

FIR Date Section(s) Police District

No. Station

0019 16.02.2021 379, 420, 120-B of IPC and Section 13-A of Ghanaur Patiala

Punjab Village Common Land (Regulation)

Act, (Section 3 of Schedule Caste and

Scheduled Tribes Act, 1989 added later on)

2. Learned counsel for the petitioner submits that after registration

of the FIR, petitioner has consistently cooperated with the investigating

agency. In recognition thereof, Court of Sessions was pleased to grant the

concession of interim anticipatory bail to the petitioner, vide order dated

LAVISHA

2026.01.30 17:05

I attest to the accuracy and

integrity of this document

PHHC, Chandigarh

CRM-M-4958-2026 2

28.10.2021 (Annexure P-2), which was subsequently confirmed on

10.11.2021 (Annexure P-3) upon joining of investigation by the petitioner.

Thereafter, challan was presented on 23.09.2024, and notices

were ordered to be issued to the accused persons, including the petitioner,

vide order dated 23.09.2024 (Annexure P-4). However, the said notice was

never served upon the petitioner. Despite this, and without adherence to the

settled procedure, particularly when even the previously issued bailable

warrants were never served, learned trial Court, vide order dated 27.10.2025,

issued non-bailable warrants against the petitioner without assigning any

reasons, whatsoever. The said non-bailable warrants continue to operate till

date.

3. Though not of much relevance to the present controversy,

learned counsel submits that Section 3 of the SC/ST Act was added at a later

stage, and even thereafter, petitioner was granted the concession of

anticipatory bail by this Court, vide order dated 15.01.2026 passed in CRA-

S-91-2026 (Annexure P-18).

4. It is, therefore, submitted that the impugned order issuing non-

bailable warrants is unsustainable in law, as no reasons have been recorded to

justify the failure of service of notice or execution of bailable warrants, and

non-bailable warrants have been issued straightaway in a mechanical manner.

However, without prejudice to the above submissions, petitioner is now

ready and willing to appear before learned trial Court and join the

proceedings, provided he is protected from arrest and released on bail.

Petitioner further undertakes that if one opportunity is granted,

he shall not absent himself from the proceedings in future without prior

permission of the Court and shall fully cooperate in the expeditious disposal

LAVISHA

2026.01.30 17:05

I attest to the accuracy and

integrity of this document

PHHC, Chandigarh

CRM-M-4958-2026 3

of the trial.

5. Notice of motion.

6. Learned State counsel puts an appearance, and opposes the

request of the petitioner by submitting that petitioner does not deserve any

sympathy, because, he has misused the concession of bail granted by the

Court. Learned State counsel by pointing out the irresponsible conduct of the

petitioner, submits that there is every possibility that for the purpose of

delaying the trial, he would again be absenting during the proceedings.

7. In number of cases, this Court has been experiencing the

situation wherein, accused stopped appearing before trial Court in the

criminal cases after being released on bail and thereby compelling the Court

to issue non-bailable warrants by cancelling the bail already granted or such

accused has