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Judgment
MANISHA BATRA, J. (ORAL)
The instant petition has been filed by the petitioner under Section 528 of BNSS seeking quashing of order dated 20.04.2026 passed by the Court of Learned Additional Sessions Judge, Jalandhar in case arising out of FIR No.91 dated 22.08.2024 registered under Section 21 of the Narcotic Drugs and Psychotropic Substances Act at Police Station Division No.2, District Jalandhar, whereby his bail was cancelled and bonds were forfeited to the State.
It is argued by learned counsel for the petitioner that he had been regularly appearing before the Learned Trial Court. His wife had fallen ill in the year 2025 as she was diagnosed with cancer. The petitioner had become busy for providing treatment to her. On 20.04.2026, he could not appear before the Trial Court on account of treatment of his wife and had informed his counsel for filing application for exemption. However, the same had not been filed. His absence was not intentional but due to the reason narrated above. He is ready to join proceedings before the Learned Trial Court and to abide by the terms and conditions to be imposed upon him. It is, therefore, argued that the petition deserves to be allowed.
Notice of motion.
Learned State counsel has advance notice of the petition and has submitted that there is no illegality or infirmity in the impugned order and hence, the same does not warrant any interference. It is thus, stressed that the petition does not deserve to be allowed.
This Court has heard the rival submissions made by the parties.
The petitioner had absented himself without any intimation on 20.04.2026 and that is why his bail was cancelled by the Learned Trial Court and his bonds were forfeited to the State. Now non-bailable warrants of arrest have been issued against him for 03.09.2026. On perusal of the orders passed by the Learned Trial Court including the impugned order, this Court is of the considered opinion that there is no illegality or irregularity in the impugned order. However, in view of the fact that the petitioner is ready to join the proceedings before the Learned Trial Court and is ready to abide by the terms and conditions to be imposed upon him by the Trial Court, the petition is disposed of by giving direction to the petitioner to surrender before the Trial Court within a period of 15 days from today and on doing so and furnishing fresh personal as well as surety bonds to the satisfaction of Learned Trial Court and further on depositing cost to the tune of Rs.5,000/- before the District Legal Services Authority (DLSA), Jalandhar, he shall be admitted to bail by the Trial Court.
A copy of this order be sent to the Learned Trial Court.
