Read Order: Shamsher Singh @ Sonu v. State of Haryana

Monika Rahar

Chandigarh, January 13, 2022: While granting anticipatory bail to the accused- petitioner in a case where his regular bail was cancelled by the Trial Court for his non- appearance before it on one occasion, the Punjab and Haryana High Court has held that the objective of the coercive mechanism prescribed under the Code of Criminal Procedure, 1973 is to ensure that the accused remains present before the Court to receive the orders and judgments as are passed qua the accused. 

The Bench of Justice Harnaresh Singh Gill said,“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 this case, an FIR was registered against the petitioner under Section 21(b) of the NDPS Act. In February 2019, regular bail was granted to the petitioner by the Trial Court and the petitioner was regularly appearing before the Court. But in December 2019, the petitioner noted a wrong date instead of March 3, 2020 for his appearance and as a result, his surety/bail bonds were cancelled and forfeited to the State, and warrants of arrest and notice to his surety under Section 446 of Cr.P.C. were issued. 

Therefore, through this petition, the petitioner sought the grant of anticipatory bail. He also sought the setting aside of the order dated March 3, 2020 by which his bail was cancelled. 

The petitioner’s counsel contended the petitioner’s non-appearance was neither intentional nor willful. He also argued that the alleged recovery of 12 grams of heroin fell under the non-commercial quantity category, and that the petitioner was ready to appear before the trial Court.

The Court observed at the outset that the petitioner was regularly appearing before the Court, but he could not appear on a solitary date i.e. March 3, 2020, due to noting a wrong date and therefore, his non-appearance on the said date was unintentional.

Without commenting on the merits of the case, the Court disposed of the petition with a direction to the petitioner to surrender before the trial Court in a time bound manner and on his doing so, he was directed to be released on bail, subject to his furnishing bail/ surety bonds to the satisfaction of the Trial Court.

0 CommentsClose Comments

Leave a comment