Navdeep Singh vs State Of Punjab
2022 Latest Caselaw 16507 P&H

                                      IN THE HIGH COURT OF PUNJAB AND HARYANA
                                                    AT CHANDIGARH
                 112                                           CRM-M-57765-2022
                                                               Date of Decision: 12.12.2022

                 Navdeep Singh                                                        ...Petitioner
                                                            Versus
                 State of Punjab                                                    ...Respondent
                 CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
                 Present:               Mr. Sandeep Kumar, Advocate,
                                        for the petitioner
                                        Mr. Amish Sharma, AAG, Punjab
                        ****
                 JAGMOHAN BANSAL, J. (Oral)

The petitioner through instant petition under Section 482

Cr.P.C. is seeking setting aside of order dated 28.09.2022 (Annexure

P-6) passed by learned Judge, Special Court, Kapurthala, in FIR No.56

dated 23.08.2018 (Annexure P-1) under Section 22 of NDPS Act,

1985, registered at Police Station Dhilwan, District Kapurthala,

whereby petitioner has been ordered to be summoned through

proclamation under Section 82 Cr.P.C. for 16.02.2023.

Learned counsel for the petitioner, inter alia, submits that

the petitioner was granted concession of anticipatory bail vide order

dated 19.01.2019 (Annexure P-2) passed by the Additional Sessions

Judge, Kapurthala. The petitioner has left his village and joined a

religious institute and working as a whole-time volunteer. As per

impugned order, the petitioner could not be served because he has left

the village. The petitioner is not involved in any criminal case and has

not been declared proclaimed offender. The petitioner is ready to face

the trial and undertakes to appear on each and every date before the

trial Court. The petitioner is ready to pay costs of Rs.10,000/-. No

prejudice is going to be caused to the prosecution if an opportunity is

MOHIT KUMAR 2022.12.12 16:53 granted to the petitioner.

I attest to the accuracy and authenticity of this order/judgment

Notice of motion.

Mr. Amish Sharma, AAG, Punjab accepts notice on behalf

of respondent-State and submits that State has no objection if the

present petition is disposed of, subject to 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 was granted concession of

anticipatory bail, vide order dated 19.01.2019

(Annexure P-2) passed by the Additional Sessions

Judge, Kapurthala;

(iii) The petitioner for wasting valuable time and energy

of courts as well prosecution is willing to pay costs of

Rs.10,000/-;

(iv) The petitioner is ready to furnish bond/surety to the

satisfaction of the trial court;

MOHIT KUMAR 2022.12.12 16:53 I attest to the accuracy and authenticity of this order/judgment

(v) The petitioner is resident of Kapurthala and trial is

pending at Kapurthala, thus jurisdictional court and

police authorities have direct access over the

activities of the petitioner;

(vi) The petitioner is not involved in any other case and

in the present case, quantity of drugs recovered

from the petitioner is not commercial quantity;

(vii) Trial is pending since 2018 and petitioner is ready to

face trial, thus, no prejudice is going to be caused to

prosecution or complainant;

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 before trial Court on or before

10.01.2023 and on his doing so, the trial court shall release him on bail

on his furnishing bail bonds. The petitioner, as agreed, shall pay costs

of Rs.10,000/- to the District Legal Services Authority, Kapurthala.

Disposed of in above terms.

                                                                               (JAGMOHAN BANSAL)
                                                                                     JUDGE

                 12.12.2022
                 Mohit Kumar


                                        Whether speaking/reasoned             Yes/No
                                        Whether reportable                    Yes/No




MOHIT KUMAR
2022.12.12 16:53
I attest to the accuracy and
authenticity of this order/judgment