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Judgment
SUMEET GOEL, J. (Oral)
The present petition has been filed under Section 528 of BNSS 2023, primarily seeking quashing of the impugned order dated 07.08.2026 (Annexure P-4) passed by learned Judge, Special Court, Amritsar, vide which the bail of the petitioner has been cancelled and he was ordered to be summoned through non-bailable warrants in case pertaining to FIR No. 106 dated 02.08.2025 registered for the offences punishable under Sections 21, 27-A, 61 & 85 of the NDPS Act, 1985, at Police Station Kathu Nangal, District Amritsar.
Learned counsel for the petitioner submits that the petitioner, apprehending his arrest in the FIR in question, had approached this Court by way of CRM-M-69039-2025, wherein interim protection was afforded to him, vide order dated 11.12.2025 (Annexure P-2), subject to his joining and cooperating with the investigation. The petitioner duly complied with the said direction and thereafter, vide order dated 14.01.2026 (Annexure P-3) the interim bail granted to him was made absolute. Learned counsel further submits that the challan was presented on 30.01.2026 in the absence of the petitioner, who had no knowledge regarding the same. Learned counsel appearing for the petitioner has further urged that his non-appearance before the learned Trial Court was neither intentional nor deliberate. It is further contended that the petitioner had already joined the investigation and cooperated with the Investigating Agency and, therefore, there was no intention on his part to evade the process of law.
It is further submitted that the petitioner came to know about the issuance of non-bailable warrants and cancellation/forfeiture of his bail and surety bonds vide impugned order dated 07.08.2026 only through his neighbours and thereafter, immediately approached this Court. Learned counsel has, thus, contended that the procedure adopted by the learned trial Court in directly issuing the non-bailable warrants against the petitioner is contrary to the settled principles of criminal jurisprudence. It is well established position of law, as reiterated by the Hon’ble Supreme Court, that the Courts are required to adhere due process while ensuring the presence of the accused. Learned counsel has further iterated that the petitioner unequivocally undertakes to enter into appearance before the trial Court as also to join the proceedings in accordance with law, the petitioner shall appear before the trial Court on each and every date of hearing and also cooperate therein, in accordance with law for an expeditious culmination of the trial.
Notice of motion.
Mr. Adhiraj Singh, AAG, Punjab accepts notice on behalf of the respondent-State. He has opposed the petition in hand by arguing that the petitioner has misused the concession of bail earlier extended to him, by not appearing before the trial Court & no plausible explanation has been brought forth as to why the petitioner did not appear before the trial Court on the aforesaid date.
I have heard learned counsel for the rival parties and have perused the available record.
At this juncture, it would be apposite to refer herein to a judgment of the Hon’ble Supreme Court titled as Gudikanti Narasimhulu and others vs. Public Prosecutor, High Court of Andhra Pradesh AIR 1978 SUPREME COURT 429, relevant whereof reads as under:
“10.The significance and sweep of Article 21 make the deprivation of liberty a matter of grave concern and permissible only when the law authorising it is reasonable, even-handed and geared to the goals of community good and State necessity spelt out in Article 19. Indeed, the considerations I have set out as criteria are germane to the constitutional proposition I have deduced. Reasonableness postulates intelligent care and predicates that deprivation of freedom- by refusal of bail is not for punitive purpose but for the bi-focal interests of justice-to the individual involved and society affected.
11.We must weigh the contrary factors to answer the test of reasonableness, subject to the need for securing the presence, of the bail applicant. It makes sense to assume that a man on bail has a better chance to prepare or present his case than one remanded in custody. And if public justice is to be promoted, mechanical detention should be close to ours, the function of bail is limited, 'community roots' of the, applicant are stressed and, after the Vera Foundation's Manhattan Bail Project, monetary suretyship is losing ground. The considerable public expense in keeping in custody where no danger of disappearance or disturbance can arise, is not a negligible consideration. Equally important is the deplorable condition, verging on. the inhuman, of our sub-jails, that the unrewarding cruelty and expensive custody of avoidable incarceration makes refusal of bail unreasonable and a Policy favouring release justly sensible.
12.A few other weighty factors deserve reference. All deprivation of liberty is validated by social defence and individual correction along an anti-criminal direction. Public justice is central to the whole scheme of bail law. Fleeing justice must be forbidden but punitive harshness should be minimised. Restorative devices to redeem the man, even, through community service, meditative drill, study classes or other resources should be innovated, and playing foul with public peace by tampering with evidence, intimidating witnesses or committing offence while on judicially sanctioned 'free enterprise,' should be provided against. No seeker of justice shall play confidence tricks on the court or community. Thus, conditions may be hung around bail orders, not to cripple but to protect. Such is the holistic jurisdiction and humanistic orientation invoked by the judicial discretion correlated to the values of our constitution.”
Further, the Hon’ble Supreme Court in a judgment titled as Gurcharan Singh vs. State (UT of Delhi) 1978 (1) SCC 118, has held as under:-
“Where the granting of bail lies within the discretion of the court, the granting or denial is regulated, to a large extent, by the facts and circumstances of each particular case. Since the object of the detention or imprisonment of the accused is to secure his appearance and submission to the jurisdiction and the judgment of the court, the primary inquiry is whether a recognizance or bond would effect that end.”
Furthermore, the Hon’ble Supreme Court in a judgment tiled as Sanjay Chandra vs. CBI (2012) 1 SCC 40, has held as under:
“21.In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it can be required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty.
22.From the earliest times, it was appreciated that detention in custody pending completion of trial could be a cause of great hardship. From time to time, necessity demands that some un-convicted persons should be held in custody pending trial to secure their attendance at the trial but in such cases, “necessity” is the operative test. In this country, it would be quite contrary to the concept of personal liberty enshrined in the Constitution that any person should be punished in respect of any matter, upon which, he has not been convicted or that in any circumstances, he should be deprived of his liberty upon only the belief that he will tamper with the witnesses if left at liberty, save in the most extraordinary circumstances.”
A perusal of the record reveals that the learned trial Court, while cancelling the concession of bail, straight away proceeded to issue non-bailable warrants against the petitioner. In the considered opinion of this Court, the cancellation of bail orders amounts to an unjustifiable restriction on the procedural rights of the petitioner in the absence of any misconduct, lack of bona fides, or a deliberate attempt to evade the proceedings on his behalf. The issuance of non-bailable warrants must not be exercised in a mechanical manner and the same must be adopted sparingly and only upon the recording of cogent reasons reflecting the necessity of adopting such a stringent course.
Keeping in view the entirety of the facts and circumstances of the case; especially the factum of the prime object of cancellation of bail and forfeiture of bail bonds is to secure the presence of the accused, the petitioner-accused having come forward himself to face trial, willingness shown by the petitioner-accused to appear before the trial Court on each and every date in accordance with law, the petitioner having submitted that he shall cooperate for an expeditious culmination of the trial & there being no tangible material brought forward to indicate the likelihood of the petitioner to interfere with the prosecution evidence; this Court is of the considered opinion that the petition in hand deserves to be allowed.
It is, thus, directed as follows:
The impugned order dated 07.08.2026 (Annexure P-4) passed by learned Judge, Special Court, Amritsar is hereby set-aside, subject to the petitioner appearing before the trial/concerned Court on or before 27.11.2026 & shall furnish an undertaking that the petitioner shall continue to appear before the trial/concerned Court on each and every date of hearing. It is clarified that the trial/concerned Court shall be at liberty to impose such other condition(s) upon the petitioner, as deemed appropriate by it in the facts and circumstances of the case.
The petitioner is directed to deposit a sum of ₹10,000/- as costs with the Punjab & Haryana High Court Bar Clerks’ Association, Bank details whereof reads thus:
Account No. 65004775776;
IFSC Code: SBIN0050306;
Branch Code: 50306;
Bank: State Bank of India, High Court Branch, Chandigarh
It is clarified that payment of the aforesaid costs and production of receipt/proof thereof before the trial/concerned Court shall be condition precedent. In absence of deposit of such costs, the present petition would be deemed to be dismissed without any further reference to the Bench.
Pending application(s), if any, stands disposed of.