Punjab-Haryana High Court
Bhupinder Singh vs State Of Punjab on 4 January, 2023
CRM-M-60847-2022 (O&M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
112
CRM-M-60847-2022 (O&M)
Date of decision: 04.01.2023
BHUPINDER SINGH
....Petitioner(s)
Versus
STATE OF PUNJAB
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
*****
Present : Mr. Arjun Atri, Advocate
for the petitioner.
*****
AMAN CHAUDHARY. J.
The present petition under Section 482 of the Cr.P.C. has been filed
for quashing the impugned order dated 17.08.2022 (Annexure P-12), passed by
learned Chief Judicial Magistrate, Barnala, whereby the bail order of the
petitioner was cancelled, bail/surety bonds were forfeited to the State and non-
bailable warrants were issued against the petitioner.
Learned counsel submits that the petitioner could not appear before
the trial Court on 29.11.2018 as he had to go to Madhya Pradesh in search of job
and on 05.02.2020, when his mother expired. He was granted indulgence by this
Court vide order dated 28.08.2019 (Annexure P-4) and 12.02.2021 (Annexure P-
8), whereupon he surrendered and joined proceedings. On 17.08.2022, the
petitioner failed to appear before the trial Court for the reason that he being a
truck driver had gone to Maharashtra, where he fell seriously ill and was admitted
to Hospital and was advised bed rest by the doctor for one month evidenced by
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medical certificate, Annexure P-13. As such, his bail order was again cancelled,
his bail/surety bonds were forfeited and non-bailable warrants were issued against
the petitioner. Learned counsel for the petitioner submits that the non-appearance
of the petitioner was neither willful nor deliberate and is on account of the reason
aforesaid.
He, however, submits that the 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. In support of his arguments learned counsel for the petitioner relies upon
the orders of this Court in CRM-M-38277-2022 dated 26.08.2022, in the case of
"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.
Notice of motion.
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 has been rightly passed by the learned trial Court.
Heard.
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 so
as to ensure finalization of the proceedings.
Adverting to the facts of the present case inasmuch as the petitioner,
who is a truck driver, had gone to Maharashtra, where he fell ill and had to be
hospitalized, where he was advised to take bed rest for a period of one month,
thus could not appear before the trial Court, leading to the passing of the
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impugned order, which appears to be justified explanation of absence as the
certificate by the Doctor has been placed on record as Annexure P-13. At times,
the accused or his counsel 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 willful. However, it is incumbent upon
him 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 willful or
deliberate and his 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 his joining the proceedings would help expediting the
trial. Thus, in order to make the ends of justice meet and finding judgments
referred to above being applicable to the instant case, the present petition deserves
to be allowed.
In view of the facts and circumstances of this case and the judgments
referred to above, the impugned order dated 17.08.2022 (Annexure P-12), passed
by learned Chief Judicial Magistrate, Barnala, is set aside, subject to deposit of
Rs.10,000/- with the District Bar Association, Barnala. The petitioner is directed
to surrender before the trial Court on or before 07.01.2023 and furnish his fresh
bail/ surety bonds. On so doing, the trial Court shall release him on bail by
imposing surety to its satisfaction. He is also directed to furnish an undertaking by
way of his affidavit that he will appear on each and every date of hearing before
the trial Court, unless specifically exempted by the Court. He shall also surrender
his passport and will not leave the country without prior permission of the Court
or the trial Court may impose any other condition that it may deem appropriate in
the facts and circumstances of the present case.
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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
January 04, 2023
S.Sharma(syr)
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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