Punjab-Haryana High Court
Jassa Singh vs State Of Punjab on 23 December, 2022
CRM-M-60526-2022 -1-
125 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-60526-2022
Date of Decision:23.12.2022
JASSA SINGH ......... Petitioner
Versus
STATE OF PUNJAB ..... Respondent
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present : Mr. Lakshay Bector, Advocate
for the petitioner.
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JAGMOHAN BANSAL, J. (Oral)
Through instant petition under Section 482 of Code of
Criminal Procedure, 1973, the petitioner is seeking quashing of order
dated 01.09.2022 (Annexure P-4) passed by Additional Sessions Judge,
Ludhiana, whereby bail bonds furnished by the petitioner have been
cancelled and non-bailable warrants of arrest are issued against the
petitioner in FIR No.303 dated 10.10.2018 (Annexure P-1) under Section
379-B of IPC, registered at Police Station Sadar Jagraon, District
Ludhiana.
Learned counsel for the petitioner inter alia contends that
petitioner was arrested on 14.10.2018 and thereafter released on regular
bail vide order dated 22.11.2018 (Annexure P-2) passed by learned
Additional Sessions Judge, Ludhiana. The petitioner from 2018 to 2022
continued to appear, however, on account of noting of wrong date could
not appear on 01.09.2022 and on the said date Trial Court cancelled
bail bonds of the petitioner and issued non-bailable warrants. The
petitioner is ready and willing to appear before the Trial Court. The
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petitioner is ready to pay costs of Rs.10,000/-.
Notice of motion.
On the asking of Court, Mr. Shiva Khurmi, 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.
10,000/-
iii) The Petitioner is ready to furnish bond/surety to the
satisfaction of the trial court;
iv) The petitioner is resident of Tehsil Jagraon, District
Ludhiana and trial is pending at Ludhiana, thus
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jurisdictional court and police authorities have direct access
over the activities of the petitioner.
v) The petitioner was initially granted regular bail by learned
Sessions Judge, Ludhiana on 22.11.2018 (Annexure P-2)
and petitioner thereafter on many dates appeared before trial
court;
vi) Trial is pending since 2018 and petitioner is ready to face
trial, thus, no prejudice is going to cause 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 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. 10,000/- to be paid to the PGI Poor Patient
Welfare Fund, Chandigarh.
Disposed of in above terms.
( JAGMOHAN BANSAL )
JUDGE
23.12.2022
Ali
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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