Pardeep Kumar Alias Chhotu vs State Of Punjab

Aman Chaudhary, J

The present petition has been filed under Section 528 BNSS for quashing of order dated 04.12.2025, vide which the bail of the petitioner stands cancelled and his bail/surety bonds were forfeited in FIR No.0134 dated 22. 09.2021, under Sections 302, 323, 506, 148, 149 IPC (Section 325 IPC added later on), registered at Police Station Bahavwala, District Fazilka.

Learned counsel submits that the petitioner was granted bail by this Court in the FIR vide order dated 21.10.2022, Annexure P-2, whereafter, he continued to appear before the trial Court but for 04.12.2025, on account of having noted down the wrong date as 14.12.2025, leading to cancellation of his bail and forfeiture of bail/surety bonds to the State and non-bailable warrants had been issued for 08.01.2026. 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, Ms. Gagandeep Kaur, 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.

No order prejudicial to the rights of the private respondent is being proposed to be passed by this Court, thus, there is no requirement of impleading him as party.

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 18.12.2025 and warrants have been issued for 08.01.2026, 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 facts and circumstances of the case, judgments referred to hereinabove, the readiness and willingness of the petitioner to surrender and join the proceedings, which was incumbent upon him for the culmination of the same, the present petition deserves to be and is allowed, in the interest of justice, so as to facilitate expediting the trial and for taking it to its logical end.

As a consequence of the aforesaid, the impugned order dated 4. 12.2025 is set aside and the petitioner is directed to surrender before the learned trial Court on or before 08.01.2026 and deposit Rs.15,000/- as costs 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.