IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-8579-2026 (O&M) Date of decision: 16.02.2026 Vishal Singh ....Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY *****

Present : Mr. G.P.S. Pathania, Advocate for the petitioner *****

AMAN CHAUDHARY, J. (ORAL)

1. The present petition has been filed under Section 528 BNSS for quashing of order dated 31.01.2026 passed by learned Sessions Judge, Pathankot, vide which the bail of the petitioner stands cancelled and his bail/surety bonds were forfeited in FIR No.81 dated 02.09.2022.

2. Learned counsel submits that the petitioner was initially granted bail in the FIR vide order dated 27.02.2023, Annexure P2 passed by this Court, whereafter, he continued to appear regularly before the trial Court but for 21.07.2025 and his bail was cancelled. Thereafter, he surrendered before the trial court on 20.08.2025 and released on bail vide order dated 29.08.2025. However, on 31.01.2026, he did not appear as he was to come from Udhampur to Pathankot but he got late because of bus problem and by such time, his bail was cancelled and bonds were forfeited to State. His non-appearance was neither intentional nor deliberate but due to the aforesaid bona fide reason. He is ready and willing to join the proceedings 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. At the asking of the Court, and submits that the non-bailable warrants have been rightly issued against the petitioner, as he had absented from the proceedings.

5. No order prejudicial to the rights of the private respondent is being proposed to be passed by this Court, thus, there is no requirement of impleading him as party-respondent.

6. Heard.

7. 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.

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 fact that the absence of the petitioner was not wilful or deliberate and his readiness and willingness to surrender and join the proceedings, in case one opportunity is granted to the petitioner, no prejudice shall be caused to any of the parties, rather his joining the proceedings would help in expediting the trial. This Court in light of the judgment referred to above being applicable to the instant case, finds that the ends of justice would be adequately met if the present petition is allowed.

10. As a consequence of the aforesaid, the impugned order dated

31.01.2026, Annexure P-4 is set aside.

11. The petitioner is directed to surrender before the trial Court on or before 03.03.2026, subject to deposit of Rs.15,000/- as costs with Shri Krishna Gaushala Charitable Trust, Saketri, having its account No.02442010040010, IFSC Code:PUNB0118300, Bank–PNB, Manimajra. On furnishing bail/surety bonds along with heavy surety, the trial Court shall release him on bail subject to its satisfaction. 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 Appellate 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.

(AMAN CHAUD