The High Court reaffirmed that when a non-bailable warrant is issued solely due to an accused’s non-appearance and the accused subsequently appears and joins proceedings, quashing or recalling such warrants lies within the court’s discretion. The decision clarifies application of interim bail under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and stands as binding authority for subordinate courts in Punjab and Haryana.
Summary
| Category | Data |
|---|---|
| Case Name | CRM-M/23844/2025 of Jaswinder Singh Vs State of Haryana and Anr |
| CNR | PHHC010688922025 |
| Date of Registration | 01-05-2025 |
| Decision Date | 02-09-2025 |
| Disposal Nature | DISPOSED OF |
| Judgment Author | Ms. Justice Rupinderjit Chahal |
| Court | High Court of Punjab and Haryana |
| Precedent Value | Binding on subordinate courts within jurisdiction |
| Type of Law | Criminal Procedure (Section 528 BNSS, non-bailable warrants, interim bail) |
| Questions of Law | Whether non-bailable warrants issued for non-appearance can be quashed upon appearance and compliance under Section 528 BNSS. |
| Ratio Decidendi |
|
| Facts as Summarised by the Court | Non-bailable warrants were issued against the petitioner for non-appearance. The petitioner attributed the absence to a communication gap with counsel. After being directed by the High Court, the petitioner appeared and furnished bail bonds before the Sessions Judge, resulting in compliance with the order. |
| Judgment Relied Upon | None expressly referenced in the judgment. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within the jurisdiction of the Punjab and Haryana High Court. |
What’s New / What Lawyers Should Note
- The judgment clarifies that non-bailable warrants issued solely due to non-appearance may be rendered infructuous upon the accused’s subsequent appearance and compliance with bail conditions.
- The interim grant of bail under Section 528 BNSS, conditional upon appearance, is a recognized and effective remedy.
- Lawyers may rely on this precedent to seek recall or cancellation of non-bailable warrants for bona fide non-appearances, where the accused later joins proceedings.
- Advocates should ensure timely communication and compliance to avoid coercive processes.
Summary of Legal Reasoning
- The court first recorded that the non-appearance on 09.01.2025 was submitted to have been unintentional due to a communication gap.
- Exercising discretion under Section 528 of the BNSS, the High Court directed that the petitioner join the proceedings and, after compliance, be released on interim bail.
- Upon confirmation that the petitioner appeared and furnished bail bonds before the Sessions Judge, the court concluded that the primary cause for the non-bailable warrants had ceased to exist.
- Accordingly, the petition to quash/revoke the non-bailable warrants was rendered infructuous, and the proceedings were disposed of without further orders.
- The judgment underlines the principle that judicial intervention may be sought where non-appearance is not wilful, particularly when prompt corrective action is taken.
Arguments by the Parties
Petitioner
- The non-appearance on 09.01.2025 was not intentional; it occurred due to a communication gap with counsel.
- The petitioner undertook to join the proceedings and comply with requirements.
Respondent (State)
- No independent argument recorded or pressed; presence noted.
Factual Background
Non-bailable warrants were issued against the petitioner by the Sessions Court due to his non-appearance on 09.01.2025. The petitioner explained the absence as resulting from a communication gap with his Advocate. Upon being directed by the High Court, the petitioner appeared before the Additional Sessions Judge, Gurugram, and furnished the required bail bonds, thus joining proceedings and complying with judicial requirements.
Statutory Analysis
The court invoked Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, pertaining to the High Court’s inherent powers in the context of criminal procedure. The court utilized this provision to grant interim bail and provide directions for the recall/cancellation of non-bailable warrants upon the petitioner’s appearance and compliance. The decision demonstrates an equitable approach within the statutory framework.
Procedural Innovations
- The High Court granted interim bail contingent upon the petitioner’s appearance and compliance—illustrating a structured approach to recall of non-bailable warrants under Section 528 BNSS.
- No additional procedural guidelines or innovations specified.
Alert Indicators
- ✔ Precedent Followed – Affirms and clarifies standard judicial discretion under Section 528 BNSS.