In CRM-M-46598-2022-PUNJ HC- Right of personal liberty granted by Article 21 of Constitution is pious and important fundamental right; Arrest not only deprives such right of personal liberty but also causes mental agony and tarnishes reputation of entire family: P&H HC
Justice Jagmohan Bansal [07-10-2022]

Read Order: GURJEET SINGH V. STATE OF PUNJAB

Monika Rahar

Chandigarh, October 8, 2022:  While dealing with a petition for the grant of anticipatory bail to the petitioner whose bail was cancelled for default in appearance, the Punjab and Haryana High Court has held that right of personal liberty granted by Article 21 of the Constitution of India is one of the most pious and important fundamental right guaranteed by our Constitution. 

"Arrest not only deprives right of personal liberty but also causes mental agony, stress and tarnish reputation of entire family", held Justice Jagmohan Bansal. 

Through instant petition, the petitioner sought anticipatory bail in an FIR registered under Sections 22 and 29 of the NDPS Act.

The petitioner contended that after being granted the concession of interim anticipatory bail, the petitioner joined the investigation when he was called upon to do so. When he joined the investigation, the Investigating Officer allegedly stated that custodial interrogation was not required for further investigation. Accordingly, the bail application was allowed and interim protection was made absolute.  

The Trial Court, on account of absence of petitioner, cancelled his bail order and bail bonds. The Trial Court further ordered to summon the petitioner through non-bailable warrants. 

It was the petitioner's case that he could not appear before the Trial Court on the date fixed because he was not aware about the date fixed and his wife was not keeping good health. The petitioner being sole bread earner was taking care of his ill wife and children. In these circumstances, the petitioner contended that he failed to appear on the dates fixed, however, he undertook to appear before the Trial Court on each and every date.

After hearing the parties and considering the case of the petitioner, the Court opined that Right of personal liberty granted by Article 21 of the Constitution of India is one of the most pious and important fundamental rights guaranteed by our Constitution. 

"Arrest not only deprives the right of personal liberty but also causes mental agony, stress and tarnishes the reputation of entire family", opined the Bench. 

Further, the Court added that there was certainly lapse on the part of petitioner and reasons advanced were not much convincing, however, keeping in view facts and circumstances, the Court deemed it appropriate to extend concession of anticipatory bail to the petitioner, subject to furnishing of fresh bail bonds to the satisfaction of the Trial Court.