Balkaran Singh @ Balkaran Singh vs State Of Punjab
2022 Latest Caselaw 15804 P&H

CRM-M-56670-2022                                                  -1-


      IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH


134                             CRM-M-56670-2022
                                Date of Decision: 05.12.2022

Balkaran Singh @ Balkarn Singh                             ......... Petitioner

                                   Versus
State of Punjab                                            ......... Respondent

CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL


Present:    Mr. Neeraj Jain, Advocate
            for the petitioner.

                   ****

JAGMOHAN BANSAL, J. (Oral)

Through instant petition under Section 482 of Code of Criminal

Procedure, 1973, the petitioner is seeking quashing of order dated 22.04.2022

(Annexure P-1) passed by learned Special Court, Moga whereby bail bonds

furnished by the petitioner have been cancelled and surety bonds are forfeited

in Case No. NDPS 523/2018, under NDPS Act.

Learned counsel for the petitioner submits that FIR was

registered on 02.01.2018 and challan was presented on 30.07.2018. The

petitioner was arrested and thereafter released on bail vide order dated

23.01.2018 passed by Judge, Special Court, Moga. The petitioner could

not appear on 22.04.2022 and learned trial Court has ordered to summon

the petitioner through non-bailable warrants. The petitioner is not involved

in any other case. He further undertakes to appear on each and every date.

The petitioner is ready to pay costs of Rs.10,000/-for wasting valuable time

of Court and prosecution.

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Notice of motion.

Mr. Amish Sharma, Asstt. A.G., Punjab, accepts notice on

behalf of the respondent-State and does not controvert the above-stated

facts, however, prays for costs.

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 & 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 is ready to furnish bond/surety to the

satisfaction of the trial court;

iii) The petitioner is resident of District Sri Muktsar Sahib and

trial is pending at Moga, thus, jurisdictional court and

police authorities have direct access over the activities of

the petitioner.

iv) The petitioner was earlier on bail and is ready to face trial, thus, no prejudice is going to cause to prosecution or complainant;

v) Trial is pending since 2018 and it is in the interest of

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justice that trial is concluded at the earliest;

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 on or before Trial Court on 22.12.2022 and

furnish fresh bail bond/surety bond. The petitioner, as agreed shall pay

costs of Rs.10,000/- to District Legal Services Authority, Moga.

Disposed of.

                                               ( JAGMOHAN BANSAL )
                                                     JUDGE
05.12.2022
anju

              Whether speaking/reasoned          Yes/No
                 Whether Reportable               Yes/No




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