High Court of Punjab and Haryana was dealing with petition seeking anticipatory bail in case, registered under Section 21(b) of the NDPS Act, and to set aside the order dated 03.03.2020 vide which the bail of the petitioner was cancelled and his bail/surety bonds were forfeited to the State.
Learned counsel for the petitioner submitted that regular bail was granted to the petitioner by the learned trial Court and that the petitioner had been regularly appearing before the learned trial Court. It was submitted that the petitioner noted a wrong date and that accordingly, his surety/bail bonds were cancelled and forfeited to the State, and warrants of arrest and notice to his surety under Section 446 of Cr.P.C. were issued. It was contended that non-appearance of the petitioner was neither intentional nor wilful, but for the reasons explained above. It was contended that the alleged recovery of 12 grams of Heroin falls under the non-commercial quantity. The petitioner is ready to appear before the trial Court and to face the trial.
Court observed that it is a case, wherein, the petitioner had been regularly appearing before the Court, but he could not appear on a solitary date, due to noting a wrong date and therefore, his non-appearance on the said date was unintentional.
Court stated that the objective of the coercive mechanism prescribed under the Code of Criminal Procedure is to ensure that the accused remains present before the Court to receive the orders and judgments as are passed qua the accused. Court also stated that if the accused shows his sincere intention and desire to appear before the Court, then it would not be unjustified to protect him from being arrested. Court directed the petitioner to surrender before the trial Court and released on bail, subject to him furnishing bail/surety bonds to the satisfaction of the trial Court.
Bench: Hon'ble Mr. Justice Harnaresh Singh Gill
Case Title: Shamsher Singh @ Sonu v. State Of Haryana
Case Details: CRM-M-203-2022
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