Punjab-Haryana High Court
Preeti vs State Of Punjab on 7 August, 2023
Neutral Citation No:=2023:PHHC:101539
CRM-M-38471-2023 (O&M) N.C. No.2023:PHHC:101539
- 1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
129
CRM-M-38471-2023 (O&M)
Date of decision: 07.08.2023
Preeti
....Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
Present : Ms. Arti Kaur, Advocate for the petitioner
Mr. Manipal Singh Atwal, DAG Punjab
*****
AMAN CHAUDHARY. J.
1. The present petition under Section 482 of the Cr.P.C. has been filed
for quashing the impugned order dated 21.07.2023, Annexure P-5, passed by
learned Additional District and Sessions Judge, SBS Nagar, whereby the bail
order of the petitioner was cancelled and bail bonds and surety bonds were
forfeited to the State.
2. Learned counsel submits that the petitioner had been granted regular
bail vide order dated 11.05.2023, Annexure P-2, wherein allegedly non-
commercial quantity of contraband, it being 10 grams of heroin, was recovered
from her. She continued to appear on all dates of hearing, as is reflected from the
zimni orders Annexure P-3, but for 21.07.2023, as her sister-in-law had passed
away on 12.07.2023 and her bhog ceremony had to take place on the aforesaid
date in village Gaana, regarding which even an application seeking exemption
from personal appearance was filed, Annexure P-4. However, the bail of the
petitioner was cancelled leading to issuance of non-bailable warrants against her
for 10.08.2023. She, however, submits that the absence was neither willful nor
deliberate and was on account of the reason aforesaid. She further submits that the
1 of 4
Neutral Citation No:=2023:PHHC:101539
CRM-M-38471-2023 (O&M) N.C. No.2023:PHHC:101539
- 2-
petitioner is ready and willing to join the proceedings, and prays that one
opportunity may be granted for the petitioner to surrender before the learned trial
Court, which may even be, subject to payment of costs. Reliance is placed upon
the orders of this Court in CRM-M-38277-2022 dated 26.08.2022 titled as Surjit
Singh Vs. State of Punjab; CRM-M-39000-2022, titled as Raghav vs. State of
Punjab decided on 9.9.2022 and CRM-M-36490-2022, Major Singh vs. State of
Punjab, decided on 15.9.2022.
3. The learned counsel further prays that he be allowed to remain on the
same bail bonds and surety bonds, which had already been submitted by him
before the learned trial Court. He also relies on the judgment passed by a
Coordinate Bench of this Court in "Nitin Monga vs. State of Punjab and
another", reported in 2017 (2) L.A.R. 342 and Paramjit Singh @ Pammi vs.
State of Haryana 2021(4) PLR 470, wherein also the petitioner therein had been
granted bail on the earlier bail bonds furnished by him before the trial court.
4. Notice of motion.
5. Mr. Manipal Singh Atwal, DAG Punjab, who has appeared on receipt
of advance copy of the petition, opposes the petition by submitting that the
impugned order is legal and valid and has been rightly passed by the learned trial
Court on account of non-appearance of the petitioner.
6. Heard.
7. The order of non-bailable warrants was passed on 21.07.2023 for
10.08.2023. The present petition has been filed on 02.08.2023, which shows the bona
fide of the petitioner to appear before the trial Court and join proceedings.
8. The very purpose of issuance of non-bailable warrants, is to compel
and secure the presence of the accused to face trial and establish the rule of law, as
2 of 4
Neutral Citation No:=2023:PHHC:101539
CRM-M-38471-2023 (O&M) N.C. No.2023:PHHC:101539
- 3-
also to ensure finalization of the proceedings.
9. Adverting to the facts of the present case that on account of death of
sister-in-law of the petitioner, she could not appear before the trial Court appears
to be justified explanation. At times, the accused can be prevented by sufficient
reasons to put an appearance before the Court on a given date and every such
absence cannot necessarily be construed as deliberate and wilful. However, it is
incumbent upon her to join the proceedings, before the trial Court, for the
culmination of the same. Considering the fact that the absence of the petitioner
being not wilful or deliberate and her readiness and willingness to surrender and
join the proceedings, in case one opportunity is granted to the petitioner, no
prejudice shall be caused to any of the parties, rather her joining the proceedings
would help expediting the trial. Thus, in order to make the ends of justice met and
finding judgments referred to above being applicable to the instant case, the
present petition deserves to be allowed.
10. In view of afore-referred orders and the facts and circumstances of
this case, the petitioner is directed to surrender before the trial Court on or before
10.08.2023 and deposit Rs.10,000/- with the District Bar Association, SBS Nagar,
The petitioner be allowed to remain on the same bail/ surety bonds as has been
furnished by her at the time for granting regular bail, in view of the orders in the
cases of Nitin Monga, Paramjit Singh @ Pammi as well as Raghav (supra). On
so doing, the trial Court shall release her on bail subject to its satisfaction. She is
also directed to furnish an undertaking by way of an affidavit that she will appear
on each and every date of hearing before the trial Court, unless specifically
exempted by the Court. She shall also surrender her passport and will not leave the
country without prior permission of the Court and the trial Court may impose any
3 of 4
Neutral Citation No:=2023:PHHC:101539
CRM-M-38471-2023 (O&M) N.C. No.2023:PHHC:101539
- 4-
other condition that it may deem appropriate in the facts and circumstances of the
present case.
11. Before parting with this order, it is made abundantly clear that in case
the petitioner does not adhere to the aforesaid, the present petition shall be deemed
to have been dismissed without any reference to this Court.
(AMAN CHAUDHARY)
JUDGE
07.08.2023
S.Sharma(syr)
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2023:PHHC:101539
4 of 4
