Citation : 2026 Latest Caselaw 575 P&H
Judgement Date : 22 January, 2026
CRM-M-3276
3276-2026 [1]
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
144
CRM-M-3276-2026
Date of decision: 22.01.2026
Vinod Kumar
....Petitioner
Versus
State of Haryana
...Respondent
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
*****
Present : Mr. Himanshu Munjal,, Advocate for the petitioner
*****
AMAN CHAUDHARY, J. (ORAL)
1. The present petition has been filed under Section 528 of Bharatiya
Nagarik Suraksha Sanhita(BNSS) 2023, for quashing of ord order dated 16.12.2025
(Annexure P-3)
3) passed by learned Additional Sessions Judge, Yamunanagar at
Jagadhri in Case NO.NDPS-145-2024 NO.NDPS 2024 arising out of FIR No.0904 No.0904, dated
17.09.2024 under Section 21(b) of the NDPS Act, 1985 (Section 29 of NDPS Act
added subsequently during investigation), registered at Police Station
Yamunanagar City, District Yamunanagar (Haryana), vide which the bail of the
petitioner stands cancelled cancelled and his bail/surety bonds were forfeited to the State and
warrants of arrest have been issued against the petitioner.
2. Learned counsel submits that the petitioner was arrested in the FIR
and granted regular bail vide order dated 28.10.2024 28.10.2024, whereafter, fter, he continued to
appear before the trial Court each and every date but for 16.12.2025 .2025 as he had
noted down the wrong date, leading to cancellation of his bail and forfeiture of
bail/surety bonds to the State and non-bailable non bailable warrants had been issued for f
CRM-M-3276 3276-2026 [2]
11.02.2025.. He is ready and willing to join the proceedings on or before the next
date of hearing 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, Mr. B.Saroha B.Saroha, DAG Haryana, accepts
notice on behalf of respondent-State respondent and submits that the non non-bailable bailable warrants
have been rightly issued against the petitioner, as he had absented from the
proceedings.
5. No order prejudicial 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.
6. Heard.
7. The very purpose of issuance of warrants of arrest, is to compel and
secure the presence of the 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, CRM 2022, titled as Major Singh vs. State
of Punjab,, decided on 15.09.2022, CRM-M-38277 CRM 38277-2022, Surjit Singh vs. State
of Punjab,, dated 26.08.2022 and CRM-M-39000 CRM 39000-2022, titled as Raghav vs. State
of Punjab,, decided on 09.09.2022, had set aside the orders of non non-bailable bailable
warrants.
9. 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
CRM-M-3276 3276-2026 [3]
interest of justice, so as to facilitate expediting the trial and for taking it to its
logical end.
10. As a consequence of the aforesaid, the impugned order dated
16.12.2025 is set aside and the petitioner is directed to surrender before the
learned trial Court on or before 30.01.2026 and deposit Rs.
Rs.5,000/- as costs with
the
, 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 cl clear ear 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 Court.
(AMAN CHAUDHARY) JUDGE 22.01.2026 Anjal
Whether speaking/reasoned : Yes / No Whether reportable : Yes / No
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