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Punjab-Haryana High Court
Vishal Singh vs State Of Punjab on 16 February, 2026
CRM-M-8579-2026 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
130
CRM-M-8579-2026 (O&M)
Date of decision: 16.02.2026
Vishal Singh
....Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
*****
Present : Mr. G.P.S. Pathania, Advocate for the petitioner
*****
AMAN CHAUDHARY, J. (ORAL)
1. The present petition has been filed under Section 528 BNSS for
quashing of order dated 31.01.2026 passed by learned Sessions Judge,
Pathankot, vide which the bail of the petitioner stands cancelled and his
bail/surety bonds were forfeited in FIR No.81 dated 02.09.2022.
2. Learned counsel submits that the petitioner was initially granted
bail in the FIR vide order dated 27.02.2023, Annexure P2 passed by this Court,
whereafter, he continued to appear regularly before the trial Court but for
21.07.2025 and his bail was cancelled. Thereafter, he surrendered before the
trial court on 20.08.2025 and released on bail vide order dated 29.08.2025.
However, on 31.01.2026, he did not appear as he was to come from Udhampur
to Pathankot but he got late because of bus problem and by such time, his bail
was cancelled and bonds were forfeited to State. 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.
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. 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-respondent.
6. Heard.
7. 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.
8. 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.
9. 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.
10. As a consequence of the aforesaid, the impugned order dated
31.01.2026, Annexure P-4 is set aside.
11. The petitioner is directed to surrender before the trial Court on or
before 03.03.2026, subject to deposit of Rs.15,000/- as costs with Shri Krishna
Gaushala Charitable Trust, Saketri, having its account No.02442010040010,
IFSC Code:PUNB0118300, Bank-PNB, Manimajra. On furnishing bail/surety
bonds along with heavy surety, 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.
12. The present petition is accordingly allowed.
13. 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.
(AMAN CHAUDHARY)
JUDGE
16.02.2026
M.Kamra
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
