In  CRM-M-51969-2022-PUNJ HC- P&H HC stays arrest of Journalist Deepak Chaurasia in POCSO case, directs coercive steps against him to remain in abeyance till disposal of his bail application and for 7 days thereafter if application is dismissed
Justice Vivek Puri [10-11-2022]

Read Order: DEEPAK CHAURASIA V.  STATE OF HARYANA

Monika Rahar

Chandigarh, November 14, 2022: The Punjab and Haryana High Court has stayed the  arrest of journalist Deepak Chaurasia in a case involving the provisions of the POCSO Act and the Information Technology Act, until he makes an appearance before the Trial Court on or before November 17, 2022 with an application for bail/recall of warrant of arrest and the same is disposed of in accordance with law. 

The Bench of Justice Vivek Puri ordered,  "It is further directed that the arrest of the petitioner shall remain stayed and the coercive steps as ordered in the impugned order against the petitioner shall remain in abeyance till the disposal of the bail application and for a period of 07 days thereafter in the event, the application is dismissed."

Chaurasia was facing trial in the case emanating from an FIR registered under Section 67-B of Information Technology Act, Sections 469/471/180/120-B IPC and Section 23 of POCSO Act, 2012 against him, in Gurugram, Haryana.

On October 28, 2022, the petitioner was required to appear before the Trial Court but he defaulted on the same. Although, an application for exemption from personal appearance was moved but the same was declined. The Lower Court cancelled the petitioner's bail due to this non-appearance. His bail bonds and surety bonds were cancelled and forfeited to the State and the petitioner was ordered to be summoned through warrant of arrest on November 21, 2022.

It was the case of the petitioner's counsel that on account of health issues, the petitioner could not appear in the trial Court on the date fixed. In fact, the Counsel added that the petitioner was admitted in Aashlok Hospital on October 28, 2022 and was discharged on November 3, 2022. The confinement of the petitioner in the hospital prevented him from appearing in the Court below, the Counsel added. 

After having heard the Counsel and upon perusing the discharge summary, the Court observed that on account of the petitioner's admission in the hospital on the date of hearing in the trial Court, he was unable to make his appearance. 

"The confinement of the petitioner in the hospital has resulted in non-appearance in  the learned trial Court", the Bench observed.

In these circumstances, the petition was disposed of with a direction to the petitioner to appear in the trial Court on or before November 17, 2022 and to move an application for bail/recall of warrant of arrest and the same was directed to be disposed of in accordance with law. 

It was further directed that the arrest of the petitioner shall remain stayed and the coercive steps as ordered in the impugned order against the petitioner shall remain in abeyance till the disposal of the bail application and for a period of 7 days thereafter in the event, the application comes to be dismissed.