Kulwant [email protected] vs State Of Punjab And Another
2022 Latest Caselaw 15254 P&H

CRM-M-55001-2022                                                 -1-

115 IN THE HIGH COURT OF PUNJAB AND HARYANA
                 AT CHANDIGARH
                          CRM-M-55001-2022
                          Date of Decision: 29.11.2022
KULWANT [email protected]                       ......... Petitioner
                      Versus

STATE OF PUNJAB AND ANOTHER                           ..... Respondents

CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present :    Mr. Ankit 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 quashing of order

dated 06.08.2022 (Annexure P-2) passed by Chief Judicial Magistrate,

Jalandhar whereby the petitioner has been declared as a proclaimed

person in case FIR No.78 dated 23.07.2019 registered under Sections

379 and 411 IPC at Police Station P.S. Bhagro Camp, District Jalandhar

(Annexure P1).

Learned counsel for the petitioner inter alia submits that the

petitioner was granted regular bail vide order dated 03.08.2019 passed

by learned JMIC, Jalandhar. The petitioner failed to appear before trial

Court, because petitioner got job opportunity out of country i.e. Portugal.

The trial Court cancelled bail of the petitioner on 13.12.2021 and

thereafter, vide order dated 06.08.2022 declared proclaimed offender.

The petitioner is ready and willing to face the trial and further undertakes

to pay costs of Rs.25,000/-.

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

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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 proclaimed offender/person is to secure his

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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 is not involved in any other offence;

v) The petitioner was initially granted regular bail by

Trial Court;

vi) Trial is pending since 2019 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 or before 16.12.2022 and

furnish fresh bail bond/surety bond to its satisfaction. The petitioner, as

agreed shall pay costs of Rs.25,000/- to the District Legal Services

Authorities, Jalandhar.

Disposed of.

( JAGMOHAN BANSAL ) JUDGE 29.11.2022 Ali

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

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