Sanu Fauji @ Rakesh Verma And Anr vs State Of Punjab
2023 Latest Caselaw 14341 P&H

SANDEEP GROVER
2023.08.28 17:09

CRM-M No.42436 of 2023 (O&M) 2023:PHHC:112265

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

121

CRM-M No.42436 of 2023 (O&M)
DATE OF DECISION: 28" AUGUST, 2023

Sanu Fauji @ Rakesh Verma and another
.... Petitioners
Versus
State of Punjab
.... Respondent

CORAM : HON'BLE MR. JUSTICE RAJBIR SEHRAWAT

Present: | Mr. Yashpal Thakur, Advocate
for the petitioners.

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 impugned order dated 01.06.2023 (Annexure P-1) passed by the Additional Sessions Judge, Sangrur, whereby non-bailable warrants against the petitioners in case FIR No.156 dated 14.11.2019 registered under Sections 379-B, 34 IPC at Police Station Sadar Ahmedgarh, District Sangur, Punjab have been issued.

2. It is submitted by the counsel for the petitioners that the petitioners had been appearing before the trial Court in the case regularly. However, they could not appear before the trial Court on 01.06.2023 because they had noted the wrong date. The petitioners are not intending to avoid the process of Court. Rather, they undertake to appear before the trial Court regularly.

3, Notice of motion.

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

SANDEEP GROVER 2023.08.28 17:09

CRM-M No.42436 of 2023 (O&M) 2023:PHHC:112265

4. Mr. Sandeep, Additional Advocate General, Punjab, accepts notice on behalf of the respondent/State.

5. Learned State counsel, being instructed by ASI Harbax Singh, has submitted that although the petitioners do not deserve the concession of bail because they had earlier absconded from the process of law, however, the State has no objection if the petitioners appear before the trial Court.

6. 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 them from being arrested.

7. In view of the above, the order dated 01.06.2023 passed by the trial Court is quashed and the present petition is allowed, subject to petitioners appearing before the trial Court on or before 15.09.2023. It is further directed that in case the petitioners so appear before the trial Court on or before 15.09.2023 then he shall be released on bail, subject to their furnishing bail bonds/surety to the satisfaction of the Trial

Court/Chief Judicial Magistrate/Duty Magistrate.

28™ AUGUST, 2023 (RAJBIR SEHRAWAT) 'sandeep' JUDGE Whether speaking/reasoned: Yes No

Whether Reportable: Yes No

| attest to the accuracy and integrity of this order/judgment. -2-