Punjab & Haryana High Court Sets Aside Non-Bailable Warrants; Holds Bail Cannot Be Cancelled Mechanically for One-Day Absence

Case Name: Dinesh Chand Bansal vs. State of Haryana & Another
Date of Judgment: 20 November 2025
Citation: CRM-M-12764-2025
Bench: Hon’ble Mr. Justice Sumeet Goel

Held: The Punjab and Haryana High Court quashed the trial court’s order cancelling the petitioner’s bail and issuing non-bailable warrants, holding that such a drastic measure cannot be invoked at the first instance in the absence of wilful default, misconduct, or any attempt to evade proceedings.

Summary: The petitioner, facing proceedings in a defamation complaint, was earlier granted bail and had been regularly attending court. He failed to appear on a single date citing illness and moved an exemption application. The trial court rejected the request, cancelled bail, and issued non-bailable warrants.

The High Court noted that there was no allegation of misuse of liberty, no attempt to abscond, and no interference with the proceedings. Referring to principles laid down in Gudikanti Narasimhulu, Gurcharan Singh, and Sanjay Chandra, the Court reiterated that bail is not to be cancelled as a punishment and that securing the presence of the accused is the only legitimate purpose.

The Court held that the trial court acted mechanically by issuing non-bailable warrants without first issuing notice or adopting lesser coercive measures. Since the petitioner had undertaken to remain present and cooperate with the trial, cancellation of bail was found unjustified.

Decision: The impugned order was set aside. The petitioner was directed to appear before the trial court by the specified date and furnish an undertaking to remain present on all future hearings unless exempted. Costs of ₹20,000 were imposed to be deposited with the High Court Lawyers Welfare Fund. The trial court was directed to expedite the complaint proceedings.