Beant Singh vs State Of Punjab
2022 Latest Caselaw 14810 P&H

CRM-M-53989-2022                                                        -1-

132    IN THE HIGH COURT OF PUNJAB AND HARYANA
                AT CHANDIGARH

                                          CRM-M-53989-2022
                                          Date of Decision: 21.11.2022

BEANT SINGH                                                 ......... Petitioner
                                      Versus
STATE OF PUNJAB                                             ..... Respondent

CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present :     Mr. J. S Jaidka, Advocate for the petitioner.

       Mr. Amish Sharma, AAG, Punjab.
            ****
JAGMOHAN BANSAL, J. (Oral)

Through instant petition under Section 482 of Code of

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

23.03.2022 (Annexure P-3) passed by learned Additional Sessions Judge,

Ludhaina whereby bail bonds furnished by the petitioner have been

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

petitioner.

Learned counsel for the petitioner submits that petitioner was

arrested in afore-stated FIR and thereafter released on bail vide order dated

23.11.2020 passed by Judge Special Court, Ludhiana. The petitioner failed

to appear before Trial Court on 22.12.2021 and 22.03.2022 which resulted

into cancellation of his bail. The petitioner could not appear due to ill health

of his wife who was on her family way. The Petitioner is not involved in

any other offence. The petitioner is ready to pay costs of Rs.10,000/-.

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

1 of 3

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.

The object of arrest is neither punitive nor preventive.

Detention or arrest not only deprives a person from his fundamental right of

personal liberty guaranteed by article 21 but also freedom guaranteed by

article 19(1) of our Constitution. Life of every human being is most

precious gift of God and everyone has very limited span of life which

cannot be spoiled on account of incompetence, personal grudge, vengeance

of someone; or brutal, illegal, unethical action of the State machinery.

Except habitual offender, commoners living simple life after arrest lose self-

respect and confidence within himself as well State. It has become very

common to put criminal law in motion even though dispute involved is

purely contractual or civil in nature. Many times arrest entails deprivation

of source of income of entire family besides forever stigma in a closely knit

society like ours. There is neither mechanism to compensate a man who is

later on found innocent nor acquittal can return valuable time, energy,

status, future of family members especially children which is lost on

account of incarceration of bread earner of the family. Imprisonment before

conviction is a sort of punishment especially when rate of conviction in our

country is abysmally low.

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

2 of 3

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 not involved in any other offence;

v) The petitioner is resident of District Ludhiana and trial

is pending at Ludhiana, thus jurisdictional court and

police authorities have direct access over the activities

of the petitioner.

vi) The petitioner was initially granted regular bail by

Judge, Special Court, Ludhiana;

vii) Trial is pending since 2020 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 Trial Court on 29.11.2022 and furnish fresh bail

bond/surety bond to its satisfaction. The petitioner, as agreed shall pay costs

of Rs.10,000/- to District Legal Services Authority, Ludhiana.

                                                ( JAGMOHAN BANSAL )
                                                       JUDGE
21.11.2022
Ali


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




                                 3 of 3