Dalvir Singh vs State Of Punjab
2022 Latest Caselaw 17481 P&H

       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

117                                           CRM-M-58690-2022 (O&M)
                                              Date of decision: 21.12.2022

Dalvir Singh                                                     ...Petitioner
                                     Versus

State of Punjab                                                  ...Respondent

CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:     Mr. Mohit Vashishat, 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 04.08.2022 passed by the learned Judge, Special Court,

Ludhiana, in case bearing FIR No. 41 dated 12.02.2018, registered under

Section 21 of the NDPS Act, at Police Station City Khanna, Ludhiana, 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 regular 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 04.08.2022, due to unavoidable circumstances, following

which his bail was cancelled and his bail/surety bonds were forfeited to the

State and arrest warrants were issued against him on 04.08.2022; that absence

of the petitioner was not intentional; that the petitioner is now ready to appear

before the trial Court and that the petitioner has not been declared a

proclaimed offender as yet.

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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

04.08.2022 and the same was not intentional. 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 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.10,000/-

with the District Legal Services Authority, Ludhiana. 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.

                                   (HARNARESH SINGH GILL)
21.12.2022                               JUDGE
Mangal Singh



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




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