The court may set aside an order of bail cancellation and bond forfeiture caused by a defendant's non-appearance, provided the defendant agrees to appear for trial and meets the conditions of costs imposed as a compensatory measure for the procedural default.

1. Prayer in the present petition is for quashing of the impugned order dated 10.02.2026, passed by learned Addl. Sessions Judge, Faridkot, whereby the bail granted to the petitioner has been cancelled and bail/surety bonds have been forfeited to the State in a case FIR No.178 dated 11.10.2023 registered under Sections 384, 436, 120-B and 427 IPC, at Police Station Kotkapura City, District Faridkot.

2. It has been contended by learned counsel for the petitioner that the petitioner has been falsely implicated in the present case. He submits that the petitioner was granted regular bail by this Court vide order dated 14.08.2024 and thereafter, he was regularly appearing before the trial Court. However, due to noting of wrong date, he could not appear before the trial Court on 10.02.2026, due to which his bail was cancelled and his bail/surety bonds were forfeited to the State and he was ordered to be summoned through non-bailable warrants. He submits that absence of the petitioner was totally unintentional and due to the circumstances beyond his control. He further submits that the petitioner is ready to appear before the trial Court and abide by all the terms and conditions, if any imposed by this Court.

3. Notice of motion.

4. Mr.K.D.Sachdeva, DAG, Punjab, accepts notice on behalf of the State and has submitted that the petitioner intentionally not appeared before the trial Court and thus, learned trial Court has rightly cancelled his bail.

5. After hearing learned counsel for the parties and perusing the record, it is evident that due to non-appearance of the petitioner, bail of the petitioner was cancelled and his bail/surety bonds were forfeited to the State and warrants of arrest have been issued vide order dated 10.02.2026. The Court without going into the authenticity of the ground taken for the absence of the petitioner, deems it appropriate to direct the petitioner to appear before the Court concerned and to face the trial in the present case. In these circumstances, when the petitioner is ready to join the trial and face the proceedings, the order dated 10.02.2026, is set aside, subject to deposit of costs of Rs.10,000/- with the Sadhna Society for Mentally Handicapped,

Near Housing Board Chowk, Raen Basera Building,

Manimajra, Sector 13, Chandigarh by the petitioner within a period of seven days from the date of receipt of copy of this order.

6. The petitioner is directed to appear before the trial Court within a period of ten days from the date of receipt of copy of this order and file an appropriate application alongwith receipt of costs of Rs.10,000/- and the trial Court would grant him bail till the disposal of the case on his furnishing fresh bail/surety bonds. The petitioner will have protection from arrest for a period of ten days from the date of receipt of copy of this order. The trial Court is free to impose any condition it likes on the petitioner while admitting him to bail.

7. Needless to say that in case the petitioner fails to comply with the abovesaid direction, this order would be of no avail to him and the order dated 10.02.2026 will come in force and the present petition shall be deemed to have been dismissed.

8. Petition stands disposed of in abovesaid terms.