Sajan Singh vs State Of Punjab
2023 Latest Caselaw 1218 P&H

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CRM-M-2733 of 2023


        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH


                                          CRM-M-2733 of 2023
                                          Date of Decision: 19.01.2023

Sajan Singh
                                                                .... Petitioner

                    Versus


State of Punjab
                                                              .... Respondent

CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present: -    Mr. Parvesh Malik, Advocate,
              for Mr. Ramnish Puri, Advocate, for the petitioner.
              Mr. Adhiraj Singh, AAG, Punjab.

NAMIT KUMAR, J. (ORAL)

Instant second petition has been filed by the petitioner under

Section 482 Cr.P.C. for quashing of impugned order dated 17.08.2022

(Annexure P-3) whereby non-bailable warrants of arrest have been issued

against the petitioner as well as order dated 03.10.2022 (Annexure P-4)

whereby bail order, personal bonds and surety bonds of the petitioner

stood cancelled and forfeited to the State and order dated 24.11.2022

(Annexure P-4A) vide which proclamation against the petitioner has been

issued by the Court of learned Additional Sessions Judge, Amritsar, in

case FIR No.117 dated 18.10.2019 under Sections 379-B(2), 34 IPC,

registered at Police Station Khilchian, District Amritsar.

Learned counsel for the petitioner submits that in the

aforesaid case, petitioner was granted regular bail by the Court of learned

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Judicial Magistrate Ist Class, Amritsar, vide order dated 24.12.2019.

Thereafter, he was appearing before the Court regularly. However, he

could not appear before the trial Court on 17.08.2022 as instead of

17.08.2022 he had noted 17.11.2022 as the next date of hearing. He

further submits that on 17.11.2022, petitioner came to know that orders

dated 17.08.2022 and 03.10.2022 have been passed and non-bailable

warrants of arrest have been issued against the petitioner and personal

and surety bonds stood cancelled and forfeited to the State. Thereafter,

vide order dated 24.11.2022 proclamation has been ordered to be issued

against the petitioner by the Court of learned Additional Sessions Judge,

Amritsar. Learned counsel submits that non-appearance of the petitioner

before the Court was neither intentional nor deliberate but for the

aforementioned reasons. He further submits that petitioner is ready to

appear before the trial Court and abide by all the conditions to be

imposed by this Court. Therefore, impugned orders may be quashed.

Notice of motion.

At this stage, Mr. Adhiraj Singh, A.A.G., Punjab. accepts

notice on behalf of the respondent-State and submits that the impugned

orders are perfectly valid, however, it is not disputed by him that

petitioner was already on bail and had been appearing before the trial

Court regularly.

I have heard learned counsel for the parties and perused the

record.

The objective of the coercive mechanism prescribed under

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CRM-M-2733 of 2023

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. A perusal of the orders dated 17.08.2022 and 03.10.2022

reflects that the trial Court proceeded to pass the extreme order of

cancellation of bail for the solitary absence of petitioner. Many a times,

the accused can be prevented by sufficient reasons to put an appearance

before the Court on a given date and, therefore, it necessarily cannot be

construed as a deliberate and willful absence. The explanation offered for

non appearance before the trial Court is justified and therefore, the same

is accepted.

Considering the above sequence of events, the impugned

orders are set aside subject to payment of costs of Rs.10,000/- to be

deposited by the petitioner with the Punjab and Haryana High Court

Lawyers' Welfare Fund within two weeks. Petitioner is directed to appear

before the trial Court on or before 02.02.2023 and on his doing so, he

shall be released on bail to the satisfaction of the trial Court. In the event

of non-compliance of this order, the impugned orders would remain

intact.

The petition is disposed of in above terms.

19.01.2023                                             (NAMIT KUMAR)
R.S.                                                       JUDGE

               Whether speaking/reasoned               Yes/No

               Whether Reportable                     Yes/No




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