##PAGE1##

CRM-M-25530-2026 (O&M) 1

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH

137

CRM-M-25530-2026 (O&M)

Date of decision: 07.05.2026

Jaskaran Singh @ Lovely

....Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

*****

Present : Mr. Kulwinder Singh, Advocate for the petitioner

*****

AMAN CHAUDHARY, J. (ORAL)

1. The present petition has been filed under Section 528 BNSS for

quashing of order dated 06.04.2026, Annexure P-10, whereby the bail of the

petitioner has been cancelled and non-bailable warrants have been issued by

learned JMIC, Sardulgarh in FIR No.283 dated 13.11.2020, registered under

Section 379 IPC (411 IPC added later on), at Police Station Sardulgarh, District

Mansa.

2. Learned counsel submits that the petitioner was granted regular

bail by this Court vide order dated 08.01.2021, Annexure P-2, whereafter, he

continued to appear regularly before the trial Court but for 24.03.2026 and

06.04.2026, on account of his wife being expecting and taking regular treatment

from Naveen Garg Memorial Hospital, Rampura Phool, District Bathinda,

admitted on 18.04.2026 and gave birth on 21.04.2026. There was no one else to

take care of her. Medical records have been referred to as Annexure P-11.

Consequently, his bail has been cancelled and bail/surety bonds were forfeited.

His non-appearance was neither intentional nor deliberate but due to the

MOHIT

2026.05.07 17:30

I attest to the accuracy and

integrity of this document

CRM-M-25530-2026 (O&M) 2

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. Heard.

6. 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.

7. 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.

8. 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.

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

MOHIT

2026.05.07 17:30

I attest to the accuracy and

integrity of this document

CRM-M-25530-2026 (O&M) 3

06.04.2026, Annexure P-10 is set aside.

10. The petitioner is directed to surrender before the trial Court today

itself i.e. on 07.05.2026, subject to deposit of Rs.5,000/- as costs with with the

Chandi Kusht Ashram, Sector 47-B, Chandigarh. 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 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.

11. The present petition is accordingly allowed.

12. 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

de