Tarsem Singh vs State Of Punjab
2022 Latest Caselaw 17215 P&H

       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

128                                              CRM-M-59072-2022 (O&M)
                                                 Date of decision: 19.12.2022

Tarsem Singh

                                                                     ...Petitioner

                                        Versus

State of Punjab

                                                                   ...Respondent

CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:    Mr. Ramandeep, Advocate for the petitioner.

            Mr. Harkanwar Jeet Singh, AAG Punjab.

                     ****

HARNARESH SINGH GILL, J. (ORAL)

Through the present petition, the petitioner prays for quashing of

the order dated 17.08.2022 passed by the learned Judge, Special Court,

Sangrur, in case bearing CIS No. NDPS/47/2020 dated 23.01.2020, titled as

'State of Punjab Vs. Sukhchain etc.', in FIR No. 155 dated 21.08.2019,

registered under Sections 22, 29 of the NDPS Act, at Police Station Dirba,

vide which the bail order as well as bail bond/surety bond of the petitioner

was cancelled and forfeited in favour of the State and to stay further

proceedings therefrom.

Learned counsel for the petitioner contends that the petitioner

was released on bail in the aforementioned FIR and thereafter, he has been

regularly appearing before the trial Court, but somehow he could not appear

before it on 17.08.2022, as he was in judicial custody in another case,

following which his bail was cancelled and his bail bonds and surety bonds

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were forfeited to the State and non-bailable warrants were issued against him

on 17.08.2022; that absence of the petitioner was not intentional and that the

petitioner is now ready to appear before the trial Court.

Notice of motion.

On the asking of this Court, learned State counsel, accepts notice

and opposes the submissions made by the learned counsel for the petitioner.

I have heard the learned counsel for the parties.

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. The absence of the

petitioner before the Court below appears to be non-intentional. If an accused

shows his sincere intention and desire to appear before the Court, then it

would not be unjustified to protect him from being arrested.

The petitioner absented himself from the court proceedings on

17.08.2022. 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 disposed of with a

direction to the petitioner to surrender before the trial Court/Duty Magistrate,

within 15 days from today, subject to him depositing the costs of Rs.15,000/-

with the District Legal Services Authority, Sangrur. On his doing so, the

petitioner shall be released on anticipatory bail, subject to him furnishing the

fresh bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate.

19.12.2022                         (HARNARESH SINGH GILL)
Mangal Singh                             JUDGE
               Whether reasoned/speaking?       Yes/No
               Whether reportable?              Yes/No



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