Ashok v. State Of Haryana
CRM-M-54275-2024 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH Sr. No.136 CRM-M-54275-2024 Date of decision : 29.10.2024 ASHOK ..... Petitioner
VERSUS
STATE OF HARYANA ..... Respondent CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present:
Mr. Anil Kumar Sharma, Advocate for the petitioner. ***** KIRTI SINGH, J. (Oral) The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing the impugned orders dated 23.09.2024 (Annexure P-1) and 10.10.2024 passed by the Learned Additional Sessions Judge, Rewari, in SC No. 16 of 2024, titled as "State of Haryana vs. Ashok", in FIR No. 163 dated 14.06.2023 under Sections 195A, 294, 323, 452, 506 of the IPC and Section 3 of the SC & ST (Prevention of Atrocities) Act, 1989, registered at Police Station Rampura, District Rewari. 2.
Learned counsel for the petitioner submits that the petitioner was granted concession of bail in afore-stated FIR by the learned trial Court and he was regularly appearing before the trial Court. He further submits that the petitioner wrongly noted the date and could not appear on 23.09.2024 and resultantly the learned trial Court cancelled the bail and the bail bonds/surety bonds were also forfeited to the State. He also submits that non-appearance of the petitioner was neither intentional nor wilful. He further submits that the petitioner is ready to appear before the learned trial
CRM-M-54275-2024 2 Court and abide by all the terms and conditions as may be imposed upon him by the learned trial Court.
3.
On advance notice, Mr. Anmol Malik, DAG, Haryana accepts notice on behalf of respondent-State. Learned State counsel opposes the prayer made in the petition and has argued that the learned trial Court had rightly cancelled the bail bonds/surety bonds of the petitioner. 4.
Heard.
5.
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.
6.
On hearing learned counsel for the petitioner and perusing the record, it is apparent that the petitioner was granted bail by the learned trial Court. However due to a misimpression regarding the date, he could not appear before the learned trial Court and on account of the same, his bail bonds/surety bonds were cancelled and forfeited to the State. The petitioner is ready to appear before the learned trial Court and face the trial. 7.
This Court finds that no useful purpose will be served by sending the petitioner in custody when he was continuously appearing before the trial Court but could not appear on 23.09.2024 and 10.10.2024. 8.
In view of the above, the present petition is allowed. Orders dated 23.09.2024 (Annexure P-1) and dated 10.10.2024 are hereby set aside subject to payment of cost of Rs.10,000/- by the petitioner to be deposited
CRM-M-54275-2024 3 with the Poor Patient Welfare Fund, PGIMER Chandigarh within one week from today. The petitioner after depositing the cost as stated above would appear before the trial Court on 07.11.2024 and file appropriate application along with receipt of payment of cost. The trial Court would release the petitioner on bail on his furnishing fresh bail bonds to its satisfaction. No coercive action would be taken against the petitioner till then. In case, the petitioner fails to appear before the learned trial Court on said date or fails to deposit the cost as stated above, this order would be of no avail to the petitioner.
(KIRTI SINGH) JUDGE 29.10.2024 Kavita Whether speaking/reasoned Yes/No Whether reportable Yes/No