Arshdeep Singh vs State Of Punjab
2022 Latest Caselaw 17068 P&H

                                      THE HIGH COURT OF PUNJAB AND HARYANA
                                                  AT CHANDIGARH
                 125                                               CRM-M-59060-2022 (O&M)
                                                                   Date of Decision: 16.12.2022

                 Arshdeep Singh                                                         ...Petitioner
                                                          Versus
                 State of Punjab                                                   ...Respondent

                 CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
                 Present:-            Mr.Bharat Julka, Advocate,
                                      for the petitioner
                        Mr. Amish Sharma, AAG, Punjab
                        *****
                 JAGMOHAN BANSAL, J. (Oral)

The petitioner through instant petition is seeking

quashing/setting aside of order dated 07.11.2022 (Annexure P-6),

whereby Additional Sessions Judge, Sri Muktsar Sahib, has issued

warrants of arrest against the petitioner for 02.12.2022 in FIR No.67

dated 10.07.2017 (Annexure P-1) under Sections 21 and 22 of NDPS

Act, 1985, registered at Police Station Giddarbaha, District Sri Muktsar

Sahib, Punjab.

Learned counsel for the petitioner, inter alia, submits that

the petitioner was arrested on 10.07.2017 and thereafter, vide order

dated 01.08.2017 passed by Judge Special Court, Sri Muktsar Sahib

was released on bail. The petitioner along with his wife left India in

January' 2018 which resulted into his non-appearance before Trial

Court. The Trial Court issued warrants of arrest for his appearance and

vide last order dated 07.11.2022, the presence of the petitioner was

ordered to be secured through non-bailable warrants for 02.12.2022 on

which date, holiday was declared and now matter is fixed before Trial

Court on 21.12.2022. The petitioner has not been declared proclaimed

person and there is no other case pending against him. The petitioner MOHIT KUMAR 2022.12.16 18:09 I attest to the accuracy and authenticity of this order/judgment CRM-M-59060-2022 (O&M) -2-

has come back to India and is ready to join proceedings and face the

trial. The petitioner also undertakes to appear on each and every date

before the Trial Court and is ready to pay costs of Rs.25,000/-. No

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

granted to the petitioner.

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;

MOHIT KUMAR 2022.12.16 18:09 I attest to the accuracy and authenticity of this order/judgment CRM-M-59060-2022 (O&M) -3-

ii. The petitioner vide order dated 01.08.2017 passed by

Judge Special Court, Sri Muktsar Sahib was released on

bail;

iii. The petitioner has not been declared proclaimed

person;

iv. The petitioner for wasting valuable time and energy of

courts as well prosecution is willing to pay costs of

Rs.25,000/-;

v. The petitioner is ready to furnish bond/surety to the

satisfaction of the trial court;

vi. The petitioner is not involved in any other criminal case;

vii. The petitioner is resident of Sri Muktsar Sahib and trial

is pending at Sri Muktsar Sahib, thus jurisdictional court

and police authorities have direct access over the

activities of the petitioner;

viii. Trial is pending since 2017 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 21.12.2022 (date

of hearing before trial Court) and on his doing so, the trial court shall

release him on bail on his furnishing bail bonds. The petitioner, as

MOHIT KUMAR 2022.12.16 18:09 I attest to the accuracy and authenticity of this order/judgment CRM-M-59060-2022 (O&M) -4-

agreed, shall pay costs of Rs.25,000/- to PGI Poor Patients Welfare

Fund, Chandigarh.

Disposed of in above terms.

                                                                     (JAGMOHAN BANSAL)
                                                                           JUDGE
                 16.12.2022
                 Mohit Kumar


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




MOHIT KUMAR
2022.12.16 18:09
I attest to the accuracy and

authenticity of this order/judgment