Gursewak Singh vs State Of Punjab
2023 Latest Caselaw 11707 P&H

SANDEEP GROVER
2023.08.02 14:55

CRM-M No.37420 of 2023 (O&M) 2023: PHHC:098874

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH
120
CRM-M No.37420 of 2023 (O&M)
DATE OF DECISION: 024 AUGUST, 2023
Gursewak Singh
.... Petitioner
Versus
State of Punjab

.... Respondent

CORAM : HON'BLE MR. JUSTICE RAJBIR SEHRAWAT

Present: Mr. Ranbir Singh Sekhon, Advocate,
for the petitioner.

3K OK Ok 2

RAJBIR SEHRAWAT, J. (Oral)

1. The present petition has been filed by the petitioner under Section 482 Cr.P.C for quashing of order dated 12.07.2023 (Annexure P-

3) passed by the Additional Sessions Judge, Amritsar, vide which, the petitioner has been summoned through non-bailable warrants and surety bonds were forfeited, with certain other prayers made in the present petition.

2. It is submitted by the counsel for the petitioner that the petitioner had been appearing before the trial Court in the case regularly. However, he could not appear before the trial Court on 12.07.2023 because he had noted the wrong date in the case. The petitioner is not intending to avoid the process of Court. Rather, he undertakes to appear before the trial Court regularly.

3. Notice of motion.

| attest to the accuracy and integrity of this order/judgment. -l-

CRM-M No.37420 of 2023 (O&M) 2023: PHHC:098874

4. Mr. Sandeep, Additional Advocate General, Punjab, accepts notice on behalf of the respondent/State. He submits that although the petitioner does not deserve the concession of bail because he had earlier absconded from the process of law, however, the State has no objection if the petitioner appears before the trial Court.

5. The objective of the coercive mechanism prescribed under the Code of Criminal Procedure is to ensure that the accused remain present before the Court to receive the orders and punishments 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.

6. In view of the above, the order dated 12.07.2023 passed by the trial Court is quashed and the present petition is allowed, subject to the petitioner appearing before the trial Court on or before 17.08.2023. It is further directed that in case the petitioner so appears before the trial Court on or before 17.08.2023 then he shall be released on bail on his furnishing bail bonds/sureties to the satisfaction of the Trial Court/Chief

Judicial Magistrate/Duty Magistrate.

02"? AUGUST, 2023 (RAJBIR SEHRAWAT) 'sandeep' JUDGE Whether speaking/reasoned: Yes No

Whether Reportable: Yes No

SANDEEP GROVER

2023.08.02 14:55

| attest to the accuracy and

integrity of this order/judgment. -2-