Harwinder Singh Alias Honey vs State Of Punjab
2022 Latest Caselaw 11645 P&H

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                             CRM-M-43318-2022
                                             Date of decision:19.09.2022

Harwinder Singh @ Honey

                                                                   ...Petitioner
                                      Versus

State of Punjab

                                                                .....Respondent

CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:-      Mr. Nitin Narula, Advocate and
               Mr. Sandeep Sharma, Advocate,
               for the petitioner.

HARNARESH SINGH GILL, J. (ORAL)

Through this petition, the petitioner seeks quashing of the order dated 23.05.2022 (Annexure P-4) passed by learned Addl. Sessions Judge, Amritsar, whereby warrant of arrest was issued against the petitioner, cancelling his bail, in case bearing FIR No.458 dated 14.11.2016, under Sections 379-B, 411 and 34 IPC, registered at Police Station A-Division, Amritsar.

Learned counsel for the petitioner contends that petitioner had been granted the benefit of regular bail by learned JMIC, vide order dated 20.02.2017 (wrongly mentioned as 20.02.2007 in Annexure P-2); that the petitioner had been regularly appearing before the trial Court; that however, the petitioner could not appear before the trial Court on 23.05.2022, following which his bail was cancelled and warrant of arrest had been issued against him; that absence of the petitioner before the trial Court was not intentional and rather was for the reason that he had been admitted to Drug Counselling and Rehabilitation Centre, Amritsar, w.e.f. 22.05.2022 to 28.06.2022; that the petitioner has not been declared a proclaimed offender in the present case, and that the petitioner is now ready to appear before the trial Court.

Notice of motion.

On the asking of this Court, Mr. Joginder Pal Ratra, Sr. DAG,

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Punjab, accepts notice on behalf of the respondent-State, and submits that the trial Court has rightly issued warrants of arrest against the petitioner.

I have heard the learned counsel for the parties.

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 him. The absence of the petitioner before the Court below appears to be non- intentional. If an accused shows his sincere intention and desire to appear before the Court, then it would be justified to protect him from being arrested.

The petitioner absented himself from the court proceedings. He is now not required for any investigation or interrogation purposes and rather, he is only to face the trial. Therefore, no useful purpose would be served by sending the petitioner to custody.

Keeping in view the above fact, the impugned order dated 23.05.2022 (Annexure P-4) is set aside and the petitioner is directed to surrender before the trial Court/Duty Magistrate, within 15 days from today, subject to him depositing the costs of Rs.15,000/- with the District Legal Services Authority, Amritsar. On his doing so, the petitioner shall be released on anticipatory bail, subject to him furnishing the fresh bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate.

Disposed of.

19.09.2022                                     (HARNARESH SINGH GILL)
parveen kumar                                        JUDGE

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




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