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Judgment
VIKRAM AGGARWAL, J. (ORAL)
The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS’), assailing the order dated 20.05.2026 (Annexure P-5) and all consequential proceedings including orders dated 04.06.2026 (Annexure P-6) and 09.07.2026 (Annexure P-7) passed by the Court of Additional Sessions Judge, Jalandhar, vide which the bail of the petitioner was cancelled and proceedings under Section 82 Cr.P.C./84 of the BNSS, were initiated against her.
The petitioner and her husband are accused in FIR No.107 dated 17.09.2023 registered under Sections 307, 148 and 149 IPC and Sections 25 and 27 of the Arms Act, 1959 (Annexure P-1).
The petitioner was granted anticipatory bail by a coordinate Bench vide order dated 21.03.2024 passed in CRM-M No.62069 of 2023.
Vide order dated 24.09.2026, the case was committed to the Court of Sessions.
The matter was taken up by the Court of Additional Sessions Judge, Jalandhar on 29.04.2026 when neither the petitioner nor her husband Gurpreet Singh were present and had moved an application for seeking exemption from personal appearance, which was allowed. The case was adjourned to 20.05.2026.
On 20.05.2026 also, the petitioner was not present. Her husband was present but subsequently, he left the Court. Under the circumstances, their bail was cancelled, bail bonds were forfeited and non-bailable warrants were issued to secure their presence for 09.07.2026. On 09.07.2026, non-bailable warrants of the petitioner were received back unexecuted and that of her husband were received back with the report that he was confined in Model Jail, Kapurthala.
On 09.07.2026, proceedings under Section 82 Cr.P.C./84 of the BNSS were initiated against the petitioner and the date fixed for her appearance by way of proclamation was 19.08.2026.
On 19.08.2026, the surety Ramandeep Dhawan appeared and gave a statement that he would produce the petitioner within 10 days.
Learned counsel for the petitioner submits that the petitioner could not appear in the Court on account of the implication of her husband in another case pursuant to which he was arrested. He submits that there was no intention of the petitioner to not appear before the Court and that earlier also, the petitioner was appearing and even bail bonds had been furnished. He submits that the petitioner is willing to surrender before the trial Court, but apprehends that the moment she surrenders, she shall be taken into custody
Notice of motion.
11 Mr. Ravinder Singh, DAG, Punjab, accepts notice on behalf of the respondent-State.
I have considered the submissions made by learned counsel for the parties.
Concededly, the petitioner was granted anticipatory bail by a coordinate Bench vide order dated 21.03.2024 (Annexure P-2). She had been appearing before the trial Court as well. After the matter was committed to the Court of Sessions, she could not appear on account of the reasons explained. The explanation appears to be genuine and there does not appear to be any intention on the part of the petitioner to remain absent from the proceedings.
Keeping in view the totality of the facts and circumstances, the present petition is disposed of with a direction that in case the petitioner surrenders before the trial Court on or before 29.08.2026, which is now stated to be the date fixed before the trial Court and files an application for bail, she shall be granted bail to the satisfaction of the trial Court. Till 29.08.2026 or till she surrenders, whichever is earlier, the petitioner shall not be arrested.