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CRM-M-29777-2026 1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Sr. No.133

CRM-M-29777-2026

Date of Decision: 25.05.2026

VIKAS SINGH ...Petitioner

Versus

STATE OF PUNJAB ....Respondent

CORAM: HON'BLE MS. JUSTICE MANDEEP PANNU

Present:- Mr. PKS Phoolka, Advocate

for the petitioner.

*****

MANDEEP PANNU, J. (Oral)

1. This petition has been filed under Section 528 of the BNSS

(corresponding to Section 482 Cr.P.C.) seeking quashing/setting aside of the

impugned order dated 18.04.2026 passed by the learned Judge, Special

Court, Bathinda (P-2) in CIS No. NDPS-97-2025, titled State of Punjab Vs.

Vinod Kumar @ Garry, whereby the bail/surety bonds of the petitioner were

cancelled and the petitioner was ordered to be summoned through non-

bailable warrants in FIR No. 0089 dated 21.07.2024, under Section 21(b) of

the NDPS Act, registered at Police Station Sadar Bathinda, District

Bathinda.

2. Learned counsel for the petitioner submits that the petitioner

had been regularly appearing before the learned lower Court, however,

during the course of trial, due to noting of a wrong date, the petitioner could

not remain present on the relevant date of hearing. Consequently, his bail

bonds were cancelled vide order dated 18.04.2026.

ANU

2026.05.25 17:18

I attest to the accuracy and

integrity of this document

Chandigarh

CRM-M-29777-2026 2

3. It is, therefore, contended that the petitioner’s non-appearance

was neither deliberate nor intentional, and being aggrieved by the impugned

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

prayed that the impugned order be quashed on the ground that the

petitioner’s absence was unintentional.

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. On the asking of the Court, Mr. Sahil Chowdhary, AAG, Punjab

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 before the learned Trial Court and ultimately on

18.04.2026, his bail bonds/surety bonds stand cancelled and forfeited to

State followed by issuance of non-bailable warrants of arrest. 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

ANU

2026.05.25 17:18

I attest to the accuracy and

integrity of this document

Chandigarh

CRM-M-29777-2026 3

the present 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 18.04.2026 is set aside to the extent of cancellation of

bail bonds/surety bonds 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 10 days from today, subject to

payment of costs of Rs.5,000/- to be deposited with the Poor Patients’

Welfare Fund, PGIMER, Chandigarh.

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/affidavit that he will keep appearing during the proceedings of

the trial in future and the proceedings will not b