Jatinder Singh vs State Of Punjab And Another

Manisha Batra, J

The instant petition has been filed by the petitioner under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for quashing of orders dated 21.10.2024 (Annexure P-6) and 27.02.2026 (Annexure P-11), passed by the Court of learned Additional Sessions Judge, Amritsar in case arising out of FIR No. 319 dated 28.11.2019, registered under Sections 394, 34, 201 and 379(B)(2) of IPC at Police Station Sadar Amritsar, District Amritsar, whereby the bail of the petitioner had been cancelled and non-bailable warrants/fresh non-bailable warrants had been issued against him.

Learned counsel for the petitioner has submitted that he has been falsely implicated in the aforesaid case. He was granted bail. However, he could not appear before the learned trial Court as his counsel had informed him that his appearance was not required at all. The notices/warrants issued by the learned trial Court were not served upon him. Due to his non-appearance, his bail had been cancelled by the learned trial Court and non-bailable warrants had been issued against him. Learned counsel for the petitioner has argued that the petitioner could not appear before the learned trial Court due to the reasons mentioned above. His absence before the learned trial Court was neither intentional nor deliberate. He is ready to appear before the learned trial Court and abide by the terms and conditions to be imposed by this Court. He undertakes to attend the Court proceedings, as and when he is required to do so. It is, therefore, urged that the petition deserves to be allowed.

Notice of motion.

Learned State counsel, who has advance notice of the petition and is ready to argue the matter, has submitted that the petitioner has intentionally avoided his appearance before the learned trial Court, which has caused unnecessary delay in conclusion of trial. He is not entitled to any leniency. Hence, it is urged that the petition is liable to be dismissed.

This Court has heard the rival submissions.

Admittedly, the petitioner was on bail. However, he absented himself before the learned trial Court, consequent to which, his bail had been cancelled and non-bailable warrants have been issued against him. The absence of the petitioner before the learned trial Court is obviously due to his carelessness but it does not attract the consequence of detaining him into custody through the entire trial. He is ready to join the Court proceedings and abide by the terms and conditions to be imposed upon him. Keeping in view the aforesaid facts and circumstances, this Court is of the considered opinion that the petitioner deserves some leniency in the matter. In view thereof, the present petition is disposed of. The petitioner is ordered to appear before the learned trial Court on or before the next date of hearing i.e. 29.05.2026 and on doing so, he shall be released on bail by the learned trial Court, subject to his furnishing fresh personal/surety bonds to its satisfaction.

However, this relief shall be subject to payment of cost of Rs. 25,000/-, to be deposited by the petitioner with the District Legal Services Authority, Amritsar.