Sahil @ Sukha vs State Of Punjab
2022 Latest Caselaw 5856 P&H

131                           CRM-M-24412-2022(O&M)                              1

       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                                                 CRM-M-24412-2022 (O&M)
                                                 Date of decision: 01.06.2022

Sahil @ Sukh                                                     ...Petitioner
                                        Versus

State of Punjab                                                  ...Respondent

CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:    Mr. Gobind Singh Randhawa, Advocate for the petitioner.

                     ****

HARNARESH SINGH GILL, J. (ORAL)

Through the instant petition under Section 482 Cr.P.C., the

petitioner seeks quashing of impugned order dated 24.11.2021 (Annexure P-

3) passed by the learned Additional Sessions Judge, Jalandhar, vide which the

bail granted to the petitioner was cancelled and non-bailable warrants were

issued against the petitioner and all the subsequent proceedings arising out

therefrom, in case bearing FIR No. 143 dated 27.05.2020 registered under

Sections 379-B, 411 IPC read with Section 34 IPC, at Police Station

Divisions No. 8, Police Commissionerate Jalandhar, District Jalandhar.

Learned counsel for the petitioner submits that regular bail was

granted to the petitioner on 11.11.2020; that the petitioner had been regularly

appearing before the learned trial Court; that on 24.11.2021, he could not

appear before the Court as he was suffering from various serious ailments and

he also informed the Clerk of his counsel for filing an application for personal

exemption, but somehow, same could not be filed and that accordingly, his

surety/bail bonds were cancelled and forfeited to the State, and non-bailable

warrants were issued against him. It is, thus, contended that non-appearance

1 of 2

of the petitioner was neither intentional nor willful, but for the reasons

explained above.

Learned counsel for the petitioner submits that the petitioner is

ready to appear before the learned trial Court and prays for issuance of

direction to the learned trial Court to decide the application for bail of the

petitioner within a stipulated period.

Notice of motion.

On the asking of this Court, Mr. Ajay Pal Singh Gill, DAG

Punjab, accepts notice on behalf of the respondent-State.

It is a case, wherein, the petitioner had been regularly appearing

before the Court, but he could not appear on a solitary date i.e. 24.11.2021,

due to health problem, his non-appearance on the said date was unintentional.

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 as are passed qua the

accused. If the accused shows his sincere intention and desire to appear

before the Court, then it would not be unjustified to protect him from being

arrested.

In view of the above, the present petition is disposed of with a

direction to the petitioner to appear before the learned trial Court on

06.06.2022 and on his doing so, the learned trial Court would decide the

application for bail preferred by the petitioner within three days, thereafter.

                                   (HARNARESH SINGH GILL)
01.06.2022                               JUDGE
Mangal Singh



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




                                    2 of 2