How to cancel Non bailable Warant

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Criminal P.C. (2 of 1974), S.439 - Cancellation of bail - Accused persons noted wrong date, thus
could not appear before Trial Court - Object of cancellation of bond or declaration of anyone as
proclaimed offender/person is to secure his presence - Accused had come forward to face trial
and undertakes to appear before Trial court on each and every date - Accused was ready to
furnish bond/surety to the satisfaction of Trial court - Accused was directed to surrender before
concerned court - On appearance, concerned court shall release him on bail.

Judgement
1.ORDER:-Through instant petition under Section 482 of Code of Criminal Procedure, 1973, the
petitioner is seeking quashing of order dated 01.09.2022 (Annexure P-4) passed by Additional
Sessions Judge, Ludhiana, whereby bail bonds furnished by the petitioner have been cancelled and
non-bailable warrants of arrest are issued against the petitioner in FIR No.303 dated 10.10.2018
(Annexure P-1) under Section 379-B of IPC, registered at Police Station Sadar Jagraon, District
Ludhiana.
2. Learned counsel for the petitioner inter alia contends that petitioner was arrested on 14.10.2018
and thereafter released on regular bail vide order dated 22.11.2018 (Annexure P-2) passed by learned
Additional Sessions Judge, Ludhiana. The petitioner from 2018 to 2022 continued to appear, however,
on account of noting of wrong date could not appear on 01.09.2022 and on the said date Trial Court
cancelled bail bonds of the petitioner and issued non-bailable warrants. The petitioner is ready and
willing to appear before the Trial Court. The petitioner is ready to pay costs of Rs.10,000/-.
3. Notice of motion.
4. On the asking of Court, Mr. Shiva Khurmi, AAG, Punjab accepts notice on behalf of the State.
He does not dispute the above stated factual position. He has no objection, if petition is disposed of
subject to costs.
5. Intent of arrest and reason of denial of bail is to secure the appearance of the accused at the time
of trial. A person who seeks to be liberated must take judgment and serve sentence in the event of his
conviction. The nature of the crime charged, severity of punishment prescribed, prime facie available
evidences, history and background of the accused may indicate that any amount of bond and surety
is not going to secure presence of accused, at the time of conviction.


Keeping in mind:
i) The object of cancellation of bond or declaration of anyone as proclaimed offender/person is to
secure his presence. The petitioner has come forward to face trial and undertakes to appear before
trial court on each and every date, thus ,his presence would meet ends of justice;
ii) The Petitioner for wasting valuable time and energy of courts as well prosecution is willing to pay
costs of Rs. 10,000/-
iii) The Petitioner is ready to furnish bond/surety to the satisfaction of the trial court;
iv) The petitioner is resident of Tehsil Jagraon, District Ludhiana and trial is pending at Ludhiana,
thus jurisdictional court and police authorities have direct access over the activities of the petitioner.
v) The petitioner was initially granted regular bail by learned Sessions Judge, Ludhiana on 22.11.2018
(Annexure P-2) and petitioner thereafter on many dates appeared before trial court;
vi) Trial is pending since 2018 and petitioner is ready to face trial, thus, no prejudice is going to cause
to prosecution or complainant;
this court is of the considered opinion that present petition needs to be allowed, and accordingly,
petition is allowed. The petitioner is directed to appear before learned Trial Court on or before
10.01.2023 and on his doing so, the Trial Court shall admit him to bail on furnishing fresh bail bonds
alongwith costs of Rs. 10,000/- to be paid to the PGI Poor Patient Welfare Fund, Chandigarh.
6. Disposed of in above terms.

Petition Allowed