Punjab-Haryana High Court
Appy Singh Alias Happy Singh vs State Of Punjab on 4 July, 2023
Neutral Citation No:=2023:PHHC:083734
2023:PHHC:083734
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
113 CRM-M-31543-2023 (O&M)
Date of decision: 04.07.2023
Appy Singh @ Happy Singh ...Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL
Present: Mr. G.S. Bhatia, Advocate for the petitioner.
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HARNARESH SINGH GILL, J. (ORAL)
Through the instant petition under Section 482 Cr.P.C., the
petitioner seeks quashing of order dated 18.04.2023 (Annexure P-7), vide
which the bail granted to the petitioner was cancelled and non-bailable
warrants were issued for 01.06.2023 against the petitioner, in case bearing
FIR No. 113 dated 04.07.2018 registered under Section 22 of the NDPS Act,
1985, at Police Station Jandiala, District Amritsar Rural.
Learned counsel for the petitioner submits that in the present
case, the petitioner was arrested on 04.07.2018 and interim regular bail was
granted to him by the learned trial Court vide order dated 07.08.2018; that the
same was made absolute vide order dated 22.03.2022; that after completion of
the investigation, the challan was presented and the charges were framed on
22.03.2022; that the petitioner had been regularly appearing before the
learned trial Court; that on 18.04.2023, the petitioner could not appear before
the Court as he had noted a wrong date and that accordingly, his surety/bail
bonds were cancelled and forfeited to the State, and non-bailable warrants
were issued for 01.06.2023. The petitioner is ready to appear before the
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learned trial Court. It is, thus, contended that non-appearance of the petitioner
was neither intentional nor willful, but for the reasons explained above.
Notice of motion.
On the asking of this Court, learned State counsel accepts notice
on behalf of the respondent-State and submits that the petitioner did not
appear before the learned trial Court on 18.04.2023, therefore, the learned
trial Court has rightly issued non-bailable warrants of arrest against him.
It is a case, wherein, the petitioner had been regularly appearing
before the Court, but he could not appear on a solitary date i.e. 18.04.2023,
due to noting of wrong date and therefore, his non-appearance on the said
date was unintentional and he is ready to appear before the learned trial Court.
The objective of the coercive mechanism prescribed under 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 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.
In view of the above, the order dated 18.04.2023 (Annexure P-7)
passed by the learned trial Court is quashed with a direction to the petitioner
to surrender before the trial Court within two weeks from today and on his
doing so, he shall be released on bail, subject to him furnishing bail/surety
bonds to the satisfaction of the trial Court.
(HARNARESH SINGH GILL)
04.07.2023 JUDGE
Mangal Singh
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
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