##PAGE1##

CRM-M-5447-2026 (O&M) -1-

116

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

-.-

CRM-M-5447-2026 (O&M)

Date of Decision : 31.01.2026

Shiv Kumar @ Puran ....Petitioner

VERSUS

State of U.T.Chandigarh ....Respondents

CORAM : HON'BLE MS. JUSTICE MANDEEP PANNU

Present: Mr. Deepak Kohli, Advocate for the petitioner.

-.-

MANDEEP PANNU J. (Oral)

1. This petition has been filed under Section 528 BNSS, 2023 seeking

quashing of impugned order dated 23.01.2026 (Annexure P-3) passed by learned

Additional Sessions Judge, Chandigarh whereby, the bail of the petitioner has been

cancelled and his bail bonds/surety bonds have been forfeited to the State followed

by issuance of non-bailable warrants of arrest.

2. Learned counsel for the petitioner submits that the petitioner was

granted the concession of regular bail by the learned Additional Sessions Judge,

Chandigarh, vide order dated 11.09.2025. Pursuant thereto, the petitioner had been

regularly appearing before the learned Trial Court. However, on 23.01.2026, the

petitioner could not appear before the learned Trial Court due to an inadvertent

bona fide mistake, as he had noted an incorrect date telephonically as conveyed by

the clerk of his counsel. Consequently, the petitioner’s bail was cancelled, his bail

and surety bonds were forfeited to the State, and non-bailable warrants were issued

against him for 17.02.2026.

TRIPTI SAINI

2026.01.31 15:25

I attest to the accuracy and

integrity of this document

CRM-M-5447-2026 (O&M) -2-

3. Learned counsel for the petitioner inter alia contends that non-

appearance of the petitioner was not deliberate or intentional and thus, aggrieved

by the said order, he has approached this Court by way of instant petition. It is

contended that the impugned order is liable to be set aside on the ground of

unintentional non-appearance of the petitioner.

4. It is also submitted that the petitioner undertakes to appear before the

trial Court on each and every date.

5. Notice of motion.

6. Mr. Alankrit Bhardwaj, Addl.P.P.U.T Chandigarh, who is present in

Court, accepts notice for the respondent-State and submits that the impugned order

has been passed on the sole ground of the absence of the petitioner, however, it is

not disputed by him that petitioner was already on bail and had been appearing

before the trial Court.

7. I have heard learned counsel for the parties and perused the record of

the case with their able assistance and with the consent of parties, the matter is

taken up for final disposal.

8. Whether the default on the part of the accused is intentional or

unintentional depends on facts of each case. In the present case, the petitioner did

not appear on 23.01.2026 before the learned Trial Court and ultimately his bail was

cancelled on the same very day. His bail bonds and surety bonds were forfeited to

State followed by issuance of non-bailable warrants. By filing the present petition,

the petitioner has shown his intention to submit before the learned Trial Court.

9. The sole purpose of issuance of bailable/non-bailable warrants is to

secure presence of the accused before the trial Court. The petitioner in the present

TRIPTI SAINI

2026.01.31 15:25

I attest to the accuracy and

integrity of this document

CRM-M-5447-2026 (O&M) -3-

case has himself come forward and has undertaken to appear before the trial Court

on each and every date.

10. Considering the totality of circumstances, this Court is of the view

that the petitioner can be directed to appear before the trial Court, so that trial may

resume. Accordingly, plea of the petitioner is accepted. Impugned order dated

23.01.2026 (Annexure P-3) is set aside to the extent of cancellation of bail and

issuance of non-bailable warrants only, and he is directed to be released on bail, in

the eventuality of surrender by him before the trial Court within a period of one

week from today.

11. The petitioner shall also furnish fresh bail bonds/surety bonds to the

satisfaction of the trial Court. Besides, petitioner will also submit an

undertaking/affi