Punjab-Haryana High Court
Paramjit Singh Alias Kala vs State Of Punjab on 3 July, 2023
RAJ KUMAR
2023.07.04 16:07
2023:PHHC:083643
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
129
CRM-M_No.31013 of 2023
DATE OF DECISION : 3™ JULY, 2023
Paramjit Singh @ Kala
...- Petitioner
Versus
State of Punjab
.... Respondent
CORAM : HON'BLE MR. JUSTICE RAJBIR SEHRAWAT
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Present: | Mr. Monty Goyal, Advocate for the petitioner.
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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 19.04.2022 (Annexure P-
4), passed in case FIR No.91 dated 08.06.2020 registered under Section
379-B IPC at Police Station Sarabha Nagar, District Ludhiana, whereby
the petitioner has been summoned through non bailable warrant of arrest.
2. It is contended by counsel for the petitioner that the
petitioner was duly appearing before the trial court. However on
19.04.2022 the petitioner appeared before another court because he was
facing another criminal case as well. Therefore, he could not appear
before the trial court in the present case. The absence from the court
proceedings was not deliberate on the part of the petitioner. Rather it was
because of the circumstances beyond control of the petitioner. The
petitioner does not have intention to flee from the course of justice. He
intends to appear before the trial Court to face further proceedings in
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RAJ KUMAR
2023.07.04 16:07
CRM-M _No.31013 of 2023
accordance with law. The only prayer is that the petitioner be protected
against his arrest.
3. Notice of motion.
4. Mr. Sandeep, Additional Advocate General, Punjab, accepts
notice on behalf of the 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 present petition is allowed subject
to the petitioner appearing before the trial Court on or before 18.07.2023.
It is further directed that in case the petitioner so appears before the trial
Court on or before 18.07.2023 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.
3" JULY, 2023 (RAJBIR SEHRAWAT)
'Taj' JUDGE
Whether speaking/reasoned: Yes No
Whether Reportable: Yes No
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