Punjab-Haryana High Court
Kanwar Partap Singh vs State Of Punjab on 13 December, 2022
CRM-M-57907-2022 (O&M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
118
CRM-M-57907-2022 (O&M)
Date of decision: 13.12.2022
KANWAR PARTAP SINGH
....Petitioner(s)
Versus
STATE OF PUNJAB
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
*****
Present : Mr. Rajesh Kapila, Advocate
for the petitioner.
*****
AMAN CHAUDHARY. J.
The present petition under Section 482 of the Cr.P.C. has been filed
for quashing the impugned order dated 20.10.2022 (Annexure P-4), passed by
Additional Sessions Judge, Gurdaspur, whereby the bail order of the petitioner
was cancelled and bail bonds and surety bonds were forfeited to the State.
Learned counsel for the petitioner contends that in the FIR lodged
against the petitioner, he was granted regular bail vide order dated 14.09.2020
Annexure P-2. Thereafter, the petitioner continued to appear before the trial Court
on each and every date of hearing, for which reliance is placed on zimni orders
Annexure P-3. It is only on 20.10.2022, that he was unable to attend the Court
and his bail was cancelled and the bail bonds and surety bonds were ordered to be
forfeited and non-bailable warrants were issued for 03.12.2022. He further
submits that the reason for non- appearance of the petitioner before the trial Court
on the aforesaid date was that the petitioner is a patient of mental disorder for last
so many years, and is unable to remember most of the things and had thus
1 of 3
CRM-M-57907-2022 (O&M) -2-
forgotten the last date of hearing. The medical record with regard to the same has
been produced before the Court and ordered to be taken on record as Mark-A.
He, however, submits that the petitioner is ready and willing to join
the proceedings, and prays that one opportunity may be granted for the petitioner
to surrender before the learned trial Court, which may even be, subject to payment
of costs. In support of his arguments learned counsel for the petitioner relies upon
the orders of this Court in CRM-M-38277-2022 dated 26.08.2022, in the case of
"Surjit Singh Vs. State of Punjab", CRM-M-39000-2022, titled as "Raghav vs.
State of Punjab", decided on 9.9.2022 and CRM-M-36490-2022, "Major Singh
vs. State of Punjab", decided on 15.9.2022.
Notice of motion.
Mr. Manipal Singh Atwal, DAG, Punjab, who has appeared on
receipt of advance copy of the petition, opposes the petition by submitting that the
impugned order has been rightly passed by the learned trial Court.
Heard.
The very purpose of issuance of non-bailable warrants, is to compel
and secure the presence of the accused to face trial and establish the rule of law so
as to ensure finalization of the proceedings.
Adverting to the facts of the present case inasmuch as the petitioner
had forgotten the date of hearing due to his mental disorder, thus could not appear
before the trial Court, leading to the passing of the impugned order, which
appears to be justified explanation of absence. At times, the accused or his
counsel can be prevented by sufficient reasons to put an appearance before the
Court on a given date and every such absence cannot necessarily be construed as
deliberate and willful. However, it is incumbent upon him to join the proceedings,
2 of 3
CRM-M-57907-2022 (O&M) -3-
before the trial Court, for the culmination of the same. Considering the fact that
the absence of the petitioner being not willful or deliberate and his readiness and
willingness to surrender and join the proceedings, in case one opportunity is
granted to the petitioner, no prejudice shall be caused to any of the parties, rather
his joining the proceedings would help expediting the trial. Thus, in order to make
the ends of justice meet and finding judgments referred to above being applicable
to the instant case, the present petition deserves to be allowed.
In view of the facts and circumstances of this case and the judgments
referred to above, the impugned order dated 02.12.2022, Annexure P-1, is set
aside. The petitioner is directed to surrender before the trial Court on or before
22.12.2022 and furnish his fresh bail/ surety bonds. On so doing, the trial Court
shall release him on bail by imposing surety to its satisfaction. He is also directed
to furnish an undertaking by way of his affidavit that he will appear on each and
every date of hearing before the trial Court, unless specifically exempted by the
Court. He shall also surrender his passport and will not leave the country without
prior permission of the Court or the trial Court may impose any other condition
that it may deem appropriate in the facts and circumstances of the present case.
Before parting with this order, it is made abundantly clear that in case
the petitioner does not adhere to the aforesaid, the present petition shall be
deemed to have been dismissed without any reference to this Court.
Disposed of accordingly.
(AMAN CHAUDHARY)
JUDGE
December 13, 2022
M.Kamra/GSV
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
3 of 3
