Dilraj Singh vs State Of Punjab

Aman Chaudhary, J

The present petition has been filed under Section 528 BNSS for quashing of order dated 02.05.2026, Annexure P-4, whereby the bail of the petitioner has been cancelled and non-bailable warrants have been issued by learned ASJ, Sangrur in FIR No.160 dated 11.11.2024, registered under Sections 304, 126, 115, 3(5) of BNS (109, 61(2), 111, 238, 317(2) BNS added later on) at Police Station City Sunam, District Sangrur.

Learned counsel submits that the petitioner was granted regular bail by this Court vide order dated 16.05.2025, Annexure P-2, whereafter, he continued to appear regularly before the trial Court but for 02.05.2026, on account of the fact that he was out of station to earn his livelihood, being a truck driver, leading to cancellation of his bail and forfeiture of bail/surety bonds. 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 him to surrender before the trial Court, even if the same is subject to costs.

Notice of motion.

At the asking of the Court, Mr. Manipal Singh Atwal, DAG Punjab accepts notice on behalf of respondent-State and submits that the non-bailable warrants have been rightly issued against the petitioner, as he had absented from the proceedings.

Heard.

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.

The present petition has been filed on 08.05.2026 and warrants have been issued for 27.05.2026, which reflects the bona fide of the petitioner to join the proceedings.

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.

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.

As a consequence of the aforesaid, the impugned order dated 02.05.2026, Annexure P-4 is set aside.

The petitioner is directed to surrender before the trial Court on or before the next date of hearing i.e. 27.05.2026, subject to deposit of Rs.5,000/-as costs with with the Nofal Ek Umeed Charitable Trust, running langar sewa for poor patients and their relatives in PGI Chandigarh, having its Account No.0579073000000156, IFSC Code-IFSCSIBL0000579, Bank-The South India Bank Limited, 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.

The present petition is accordingly allowed.

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 deemed to have been dismissed without any reference to this Court.