Omanpreet Singh @ Laddi vs State of Punjab

N.S.SHEKHAWAT, J. (Oral)

The petitioner has filed the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of order dated 21.05.2026 (Annexure P-3) and all subsequent orders passed by the learned Sessions Judge, Moga, whereby warrants of arrest of the petitioner were issued and his bail bonds were forfeited to the State in a case arising out of FIR No. 0064 dated 30.04.2024, registered under Sections 379-B and 34 of the IPC (now Sections 304 and (3) of the Bharatiya Nyaya Sanhita, 2023) at Police Station City South, District Moga (Annexure P-1)

Learned counsel for the petitioner submits that after passing of the impugned order dated 21.05.2026, the petitioner had to admit himself to a De-Addiction Centre at Kapurthala on account of his drug addiction problem and, during the said period, he was not mentally fit and was undergoing treatment. Learned counsel for the petitioner further submits that the petitioner's phone was also taken away at the De-Addiction Centre and he could not remain in contact with his counsel. Learned counsel therefore submits that the petitioner's non-appearance was on account of his admission to the De-Addiction Centre for treatment and was neither intentional nor deliberate and prayed that the order cancelling the petitioner's bail and issuing non-bailable warrants may be set aside.

Notice of motion.

On the asking of the Court, Mr. M.S. Bajwa, DAG, Punjab, who is present in the Court, accepts notice on behalf of the respondent-State and submitted that the petitioner repeatedly failed to appear before the trial Court without any sufficient cause and the impugned order has been passed in accordance with law and do not warrant any interference by this Court.

I have heard learned counsel for the parties and perused the record.

From the record, it is evident that the petitioner had initially appeared before the trial Court and was granted regular bail. The material on record shows that his subsequent non-appearance was not deliberate but his admission to the De-Addiction Centre for treatment. Thus, taking a lenient view of the matter, the petitioner is permitted to surrender before the Trial Court/Duty Magistrate within a period of two weeks from today and on his surrender, he shall be admitted to bail.

At the time of surrender, the petitioner shall also file an affidavit before the concerned Court that he shall continue to appear before the Court on each and every date of hearing and shall not absent himself during the Court proceedings, except with prior permission of the Court.

The Trial Court/Duty Magistrate shall also be at liberty to impose any other conditions, as it deems fit in the peculiar facts and circumstances of case.

The petition stands allowed in the above terms.