High Court of Punjab and HaryanaCRM-M/7329/2020disposed of

Gurjeevan Sharma @ Jeevan v. State Of Punjab

2020-02-19Mr. Justice Harnaresh Singh Gill2 pages

CRM-M No. 7329 of 2020 -1In the High Court of Punjab and Haryana at Chandigarh CRM-M No. 7329 of 2020 Date of Decision: 19.2.2020 Gurjeevan Sharma @ Jeevan ......Petitioner

Versus

State of Punjab ......Respondent CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Sumeet Puri, Advocate for the petitioner.

**** HARNARESH SINGH GILL , J. (ORAL) Through the instant petition, the petitioner seeks anticipatory bail in case FIR No. 37 dated 8.4.2019, registered under Sections 22, 25 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Moonak, District Sangrur.

Learned counsel for the petitioner submits that the petitioner had been regularly appearing before the trial Court since 15.5.2019. As per the learned counsel, the petitioner could not appear before the trial Court on 10.2.2020 due to some unavoidable circumstances and accordingly, bail of the petitioner was cancelled and bail bonds were forfeited to the State and further non bailable warrants of arrest were issued against him. Notice of motion.

At the asking of the Court, Mr. Dhruv Dayal, Sr. DAG, Punjab, present in Court, accepts notice on behalf of the State. Copy of the paper book has been supplied to him.

In the present case, the petitioner had been regularly appearing GURPREET SINGH 2020.02.19 17:17 I attest to the accuracy and authenticity of this document chandigarh before the trial Court and due to some unavoidable circumstances, could not

CRM-M No. 7329 of 2020 -2appear before the trial Court on 10.2.2020. 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 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.

Without commenting on the merits of the case, this petition is disposed of with a direction to the petitioner to surrender before the trial Court within 10 days from today. On doing so, he shall be released on bail subject to his furnishing fresh bail bond/surety bonds to the satisfaction of the trial Court.

(HARNARESH SINGH GILL) JUDGE February 19, 2020 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2020.02.19 17:17 I attest to the accuracy and authenticity of this document chandigarh