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Punjab-Haryana High Court
Davinder Singh vs State Of Punjab on 22 May, 2026
Author: Rajesh Bhardwaj
Bench: Rajesh Bhardwaj
CRM-M No.29616 of 2026 -1-
133
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M No.29616 of 2026
Date of decision: 22.05.2026
Davinder Singh
.....Petitioner
versus
State of Punjab
..... Respondent
CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ
*****
Present :- Mr. Ashok Kumar Khunger, Advocate
for the petitioner.
****
RAJESH BHARDWAJ, J. (Oral)
1. Present petition has been filed praying for quashing of
impugned order dated 29.01.2026 (Annexure P-4) passed by the learned
Additional Sessions Judge, Fazilka, in case bearing FIR No.0019, dated
01.02.2020, under Sections 379-B, 34 of IPC (Section 411 IPC added later
on), registered at Police Station City-1 Abohar, District Fazilka, whereby
regular bail granted to the petitioner was cancelled and his bail bonds and
surety bonds were ordered to be cancelled and forfeited to the State being
wholly illegal, wrong as well as against the law and facts of the case.
2. Learned counsel for the petitioner has submitted that the
petitioner was falsely prosecuted in a case bearing FIR No.0019, dated
01.02.2020, under Sections 379-B, 34 of IPC (Section 411 IPC added later
on), registered at Police Station City-1 Abohar, District Fazilka. He has
submitted that after registration of the FIR, the petitioner was granted the
concession of regular bail by the learned Additional Sessions Judge,
Fazilka vide order dated 26.07.2023. He has submitted that after granting
the concession of regular bail, the petitioner was regularly appearing
before the learned trial Court. He has submitted that the petitioner moved
an application before the learned trial Court for his personal exemption on
01.12.2025 as he was admitted in Shri Guru Hargobind Singh Ji De-
Addiction and Rehabilitation Centre, Sri Ganganagar, however, the same
was allowed. He has further submitted that the petitioner was admitted in
Shri Guru Hargobind Singh Ji De-Addiction and Rehabilitation Centre,
Sri Ganganagar on 14.11.2025 and remained admitted there till
14.05.2026. He has submitted that on 29.01.2026, the petitioner could not
appear before the learned trial Court and thus, due to his non-appearance
before the learned trial Court on 29.01.2026, his bail order was cancelled
and bail bonds & surety bonds were also cancelled and forfeited to the
State. He has further submitted that non bailable warrants were also issued
against the petitioner. He has submitted that absence of the petitioner was
bona fide and not intentional. He has further submitted that the petitioner
is ready to appear before the learned trial Court and abide by the terms
and conditions imposed upon him.
3. Notice of motion.
4. On the asking of the Court, Mr. Ekompal Sagoo, AAG,
Punjab appears and accepts notice on behalf of the respondent-State. He,
on the other hand, has contended that bail order of the petitioner was
rightly cancelled by the learned trial Court and non bailable warrants were
issued against him, as he failed to appear in the Court without any valid
reason.
5. I have heard counsel for the parties and perused the record.
6. It is apparent that the petitioner was prosecuted in a case
bearing FIR No.0019, dated 01.02.2020, under Sections 379-B, 34 of IPC
(Section 411 IPC added later on), registered at Police Station City-1
Abohar, District Fazilka, in which, he was already granted the concession
of regular bail by the learned trial Court vide order dated 26.07.2023. Due
to non-appearance of the petitioner before the learned trial Court, his bail
order was cancelled and bail bonds/surety bonds were forfeited to the
State. Non bailable warrants were also issued against the petitioner. The
reason given by the petitioner for his absence is that he was admitted in
Shri Guru Hargobind Singh Ji De-Addiction and Rehabilitation Centre,
Sri Ganganagar on 14.11.2025 and remained admitted there till
14.05.2026. As the petitioner is keen to join the proceedings, so keeping in
view the abovesaid facts, the present petition stands disposed of and the
impugned order dated 29.01.2026 is hereby set aside. In case, the
petitioner appears and surrenders before the Court concerned within a
period of 07 days from the date of receipt of certified copy of this order
and files an application for bail, the Court concerned is directed to admit
him to bail subject to its satisfaction and proceed with the trial in
accordance with law. The petitioner will have protection from arrest for a
period of 07 days from the date of receipt of certified copy of this order.
7. Needless to say that in case the petitioner fails to comply
with the abovesaid direction, he will have no benefit of abovesaid
protection granted by this Court and order under challenge dated
29.01.2026 would come in force and the present petition would be
deemed to have been dismissed.
(RAJESH BHARDWAJ)
22.05.2026 JUDGE
rittu Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
