IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-67576-2025 (O&M) Date of decision: 02.12.2025 Shiv Kumar ....Petitioner Versus State of Punjab and another ...Respondents CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY *****

Present : Mr. G. S. Verma and Mr. Saurabh Verma, Advocates for the petitioner *****

AMAN CHAUDHARY, J. (ORAL)

1. The present petition has been filed under Section 482 of Cr.P.C. for quashing of orders dated 15.02.2025, Annexure P-3, passed by learned Addl. Sessions Judge, Ludhiana, vide which the bail of the petitioner stands cancelled and his bail/surety bonds were forfeited in case FIR No.41 dated 29.04.2022, under Sections 379-B and 34 IPC (Section 411/201 IPC added later on), registered at Police Station Koom Kalan, District Ludhiana.

2. Learned counsel submits that the petitioner was granted regular bail by the trial Court vide order dated 18.07.2025, Annexure P-2, whereafter, he continued to appear before the trial Court, but on 09.01.2025, he inadvertently noted the date as 10.03.2025 instead of 15.02.2025 and on that date his bail was cancelled and bonds forfeited to the State as also warrants of arrest had been issued and now the matter is fixed for 04.12.2025. Thus, 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 her 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, (cid:2)(cid:3)(cid:4)(cid:1)(cid:5)(cid:6)(cid:7)(cid:6)(cid:8)(cid:9)(cid:10)(cid:10)(cid:11)(cid:1)(cid:12)(cid:6)(cid:13)(cid:14)(cid:15)(cid:1)(cid:16)(cid:17)(cid:5)(cid:15)(cid:1)(cid:18)(cid:13)(cid:8)(cid:19)(cid:6)(cid:20) (cid:6)(cid:21)(cid:21)(cid:10)(cid:11)(cid:22)(cid:3)(cid:1)(cid:8)(cid:23)(cid:22)(cid:24)(cid:21)(cid:10)(cid:1)(cid:23)(cid:8)(cid:1)(cid:20)(cid:10)ti(cid:6)(cid:26)(cid:27)(cid:1)(cid:23)(cid:27)(cid:1)(cid:14)(cid:10)(cid:3)(cid:11)(cid:23)(cid:8)(cid:9)(cid:10)(cid:8)(cid:22)(cid:28)(cid:29)(cid:22)(cid:6)(cid:22)(cid:10) 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.

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 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.

10. As a consequence of the aforesaid, the impugned order dated 15.02.2025 is set aside and the petitioner is directed to surrender before the learned trial Court on or before 04.12.2025 and deposit 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, 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 co