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2026 Supreme(Online)(P&H) 79813

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ARSHDEEP SINGH ALIAS ARSHI – Appellant
Versus
STATE OF PUNJAB – Respondent
CRM-M_23813_2026



THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.23813 of 2026 Date of Decision:18.05.2026 Arshdeep Singh @ Arshi ..... Petitioner Versus State of Punjab ..... Respondent CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present: Mr. Jaskirat Singh Dhaliwal, Advocate for the petitioner.

RAJESH BHARDWAJ, J. (ORAL)

1. Present petition has been filed praying for quashing of impugned order dated 13.02.2026 vide which the bail order of the petitioner has been cancelled and the bail bonds and surety bonds have also been cancelled and forfeited to the State and the petitioner was summoned through non-bailable warrants with following the proper procedure as established by law under Section 75(1), 491 of BNSS, in case FIR No.85 dated 09.08.2024 under Section 21(b) of NDPS Act and Sections 221 and 132 of BNS (Sections 27 & 29 of NDPS Act, added lateron) registered at Police Station Sadar Malout, District Sri Muktsar Sahib, Punjab.

2. Learned counsel for the petitioner has submitted that the petitioner was prosecuted in the abovesaid FIR. He submits that the petitioner was regularly appearing before the learned trial Court, however, he had inadvertently noted the wrong date of hearing and thus, he could not appear before the trial Court. He has submitted that due to the absence of petitioner, the learned trial Court vide order dated 13.02.2026 cancelled the bail; bail bonds/surety bonds were forfeited to State and issued the non-bailable warrants against the petitioner. He has submitted that absence of the petitioner was bona fide and not intentional and he never misused the concession of bail granted to him. He has further submitted that the petitioner is ready to appear before the learned trial Court and abide by the terms and conditions imposed upon him.

3. Notice of motion.

4. On the asking of the Court, Mr. Ekom Pal Sagoo, A.A.G., Punjab appears and accepts notice on behalf of the respondents-State. He on the other hand has contended that learned trial Court rightly cancelled the bail of the petitioner and he was liable to be prosecuted in the said case, as he failed to appear in the Court despite orders.

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

6. It is apparent that the petitioner was prosecuted in the present case, whose bail was cancelled; bail/surety bonds were forfeited to State and non-bailable warrants were issued against him, due to his non-appearance on the ground that he inadvertently noted the wrong date of hearing. But now the petitioner is keen and ready to join the proceedings and face the trial. So keeping in view the abovesaid facts, the present petition is disposed of and order dated 13.02.2026 is set aside subject to payment of Rs.20,000/- as costs to be deposited in the ‘Punjab and Haryana High Court Dispensary Welfare Fund’ by the petitioner in one week from the date of receipt of copy of this order. In case, petitioner appears before the Court concerned within a period of 10 days from the date of receipt of copy of this order and files an application for bail alongwith receipt of abovesaid costs, the Court concerned is directed to admit him to bail subject to its satisfaction and proceed with the trial in accordance with law. He will have protection from arrest for a period of

10 days from the date of receipt of copy of this order.

7. Needless to say that in case the petitioner fails to comply with the abovesaid direction, he will have no benefit of abovesaid protection granted by this Court and order under challenge dated

13.02.2026, would automatically come in force.

(RAJESH BHARDWAJ)

18.05.2026 JUDGE ps-I

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