Jagtar [email protected] vs State Of Punjab
2022 Latest Caselaw 17583 P&H

CRM-M-60188-2022                                                      -1-

124    IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

                                        CRM-M-60188-2022
                                        Date of Decision:22.12.2022

JAGTAR [email protected]                                        ......... Petitioner

                                    Versus
STATE OF PUNJAB                                           ..... Respondent

CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present :   Mr. Sukhmeet Singh, Advocate
            for the petitioner.

                   ****

JAGMOHAN BANSAL, J. (Oral)

Through instant petition under Section 482 of Code of

Criminal Procedure, 1973, the petitioner is seeking quashing of order

dated 20.07.2022 (Annexure P-3) passed by Judge Special Court, Tarn

Taran whereby bail bonds furnished by the petitioner have been

cancelled and non-bailable warrants of arrest are issued against the

petitioner in FIR No.31 dated 01.03.2020 under Sections 21 and 29 of

NDPS Act, 1985 at Police Station Sadar Patti, District Tarn Taran.

Learned counsel for the petitioner inter alia contends that

petitioner was arrested and thereafter released on regular bail vide order

dated 30.04.2020 passed by Judge Special Court, Tarn Taran. The

petitioner failed to appear before Trial Court after 21.01.2022 and on

20.07.2022 learned Trial Court cancelled bail bonds of the petitioner and

issued non-bailable warrants of arrest. The lapse was unintentional and

petitioner is ready to pay costs of Rs.25,000/-. The petitioner undertakes

to appear on each and every date.

Notice of motion.

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On the asking of Court, Mr. Amish Sharma, AAG, Punjab

accepts notice on behalf of the State. He does not dispute the above

stated factual position. He has no objection, if 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 for wasting valuable time and energy of

courts as well prosecution is willing to pay costs of

Rs.25,000/-;

iii) The Petitioner is ready to furnish bond/surety to the

satisfaction of the trial court;

iv) The petitioner was initially granted regular bail by learned

Trial Court, Tarn Taran;

v) Trial is pending since 2020 and petitioner is ready to face

trial, thus, no prejudice is going to cause to prosecution or

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complainant;

vi) The petitioner is resident of Ferozpur and trial is pending at

Tarn Taran, thus jurisdictional court and police authorities

have direct access over the activities of the petitioner;

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 learned Trial Court on or before 10.01.2023

and on his doing so, the Trial Court shall admit him to bail on furnishing

fresh bail bonds alongwith costs of Rs.25,000/- to be paid to the PGI

Poor Patient Welfare Funds, Chandigarh.

Disposed of in above terms.

                                               ( JAGMOHAN BANSAL )
                                                      JUDGE
22.12.2022
Ali


                   Whether speaking/reasoned    Yes/No
                      Whether Reportable        Yes/No




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