Punjab-Haryana High Court
Navjot Singh vs State Of Punjab on 21 November, 2022
In the High Court of Punjab and Haryana at Chandigarh
102 CRM-M-54001 of 2022
Date of Decision: 21.11.2022
Navjot Singh
---Petitioner
versus
State of Punjab
---Respondent
Coram: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present: Mr. Amit Gupta, 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 grant of anticipatory bail in FIR No. 33
dated 9.2.2022, under Section 22 of NDPS Act, registered at Police Station
Model Town, Hoshiarpur.
Learned counsel for the petitioner submits that petitioner was arrested
on the basis of disclosure statement of co-accused Parwinder Singh @ Bittu and
thereafter released on bail vide order dated 11.4.2022 passed by Judge Special
court, Hoshiarpur. The petitioner was admitted in hospital from 28.10.2022 to
30.10.2022 and because of this fact, could not appear before trial court on
29.10.2022 which for the said reasons has cancelled bail of the petitioner. The
non-appearance was unintentional and he undertakes to appear on each date and
be vigilant in future.
Notice of Motion.
On the asking of the Court Mr. Amish Sharma, AAG, Punjab, who is
present in Court, accepts notice on behalf of respondent-State and fairly does not
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dispute the facts, however, prays for imposition of 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.
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
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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 fresh bail/surety bond to the
satisfaction of the trial court;
(iv) The Petitioner is not involved in any other offence;
(v) The petitioner is resident of Hoshiarpur and trial is pending at
Hoshiarpur, thus jurisdictional court and police authorities have
direct access over the activities of the petitioner.
(vi) The petitioner was initially granted interim bail by learned Judge
Special Court, Hoshiarpur on 11.4.2022;
(vii) The petitioner is ready to face trial, thus, no prejudice is going to
cause to prosecution;
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 29.11.2022 and furnish fresh bail bonds. The petitioner, as
agreed, shall pay costs of Rs. 25,000/- to be paid to the District Legal Services
Authority, Hoshiarpur.
Disposed of in above terms.
( JAGMOHAN BANSAL )
JUDGE
21.11.2022
paramjit
Whether speaking/reasoned : Yes
Whether reportable : Yes/No
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