Baljeet vs State Of Haryana
2022 Latest Caselaw 16499 P&H

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH
130
                                            CRM-M-57761-2022 (O&M)
                                            Date of Decision: 12.12.2022
BALJEET
                                                                 ... Petitioner
                                   Versus
STATE OF HARYANA
                                                               ... Respondent


CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:    Mr. Sourabh Sheoran, Advocate
            for the petitioner.

                   *****

HARNARESH SINGH GILL, J.(Oral)

Prayer in this petition is for quashing of the order dated

26.09.2022 passed by the learned Additional Sessions Judge, Narnaul, in

case bearing FIR No.25 dated 28.02.2016, registered under Sections 306,

506 and 34 IPC, at Police Station Satnali, District Mahendergarh.

Learned counsel for the petitioner submits that the petitioner

was granted regular bail by the learned Additional Sessions Judge,

Narnaul, on 04.07.2018 and he was regularly appearing before the said

Court; that on 26.09.2022, the petitioner could not appear before the

Court due to medical emergency and accordingly, his surety/bail bonds

were cancelled and forfeited to the State and his non-bailable warrants

and notice to his surety under Section 446 Cr.P.C. were issued for

25.11.2022. It is, thus, contended that non-appearance of the petitioner

was neither intentional nor wilful, but for the reasons explained above.

He further submits that the petitioner has not been declared as a

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proclaimed offender till date and that the case before the Court below is

now fixed for 04.01.2023.

Notice of motion.

On the asking of this Court, Mr. Rupinder Singh Jhand,

Additional AG Haryana, accepts notice on behalf of the respondent-State.

It is a case, wherein, the petitioner had been regularly

appearing before the Court, but he could not appear on a solitary date i.e.

26.09.2022, due to medical emergency and therefore, his non-appearance

on the said date was unintentional.

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. 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.

Though the petitioner absented himself from the Court

proceedings, yet he is now not required for any investigation or

interrogation purposes and rather, he is only to face the trial. Therefore,

no useful purpose would be served by sending the petitioner to custody.

Keeping in view the above fact, but without expressing any

opinion on the merits of the case, the present petition is allowed and the

order dated 26.09.2022 passed by the Court below is hereby set aside.

The petitioner is directed to surrender before the trial Court/Duty

Magistrate on 04.01.2023, subject to him depositing the costs of

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Rs.15,000/- with the concerned District Legal Services Authority. On his

doing so, the petitioner shall be released on bail, subject to him

furnishing the fresh bail/surety bonds to the satisfaction of the trial

Court/Duty Magistrate.

12.12.2022                                  (HARNARESH SINGH GILL)
Aman Jain                                           JUDGE
             Whether speaking/reasoned        :      Yes/No
             Whether reportable               :      Yes/No




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