Dismissed

Joginder Singh v. State of Punjab and Anr.

Punjab & Haryana HC15 Jan 2013CRM-M/1094/2013

Case brief

AI extract

What is this about?

The High Court of Punjab & Haryana held that Section 438 Cr.P.C. does not cover a situation where bail bonds were cancelled and a non-bailable warrant was issued due to the accused's failure to appear. The petitioner was directed to appear before the trial court and explain his absence.

What did the court decide?

The petition under Section 438 Cr.P.C. is dismissed and the petitioner is required to appear before the trial court.

Joginder Singh Vs State of Punjab and Anr. — Quashing and FIR | Punjab & Haryana HC (2013)

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Crl. Misc. No. M- 1094 of 2013 ----1--

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IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

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Crl. Misc. No. M- 1094 of 2013 Date of decision. 15.01.2013

Joginder Singh

....... Petitioner

Versus

The State of Punjab and anr.

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........ Respondents

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CORAM: HON'BLE MR. JUSTICE VIJENDER SINGH MALIK

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Present:Mr. Amit Arora,Advocate for the petitioner.

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VIJENDER SINGH MALIK, J.

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Crl. Misc. No.2025 of 2013

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Miscellaneous application is allowed as prayed for.

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Crl. Misc. No.M-1094 of 2013

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Joginder Singh, the petitioner has sought pre-arrest bail in a complaint case No. 210 dated 05.11.2009 titled as 'PUDA v. Mangal Singh and others' pending in the court of learned Additional Chief Judicial Magistrate, Tarn Taran, under the provisions of Punjab Apartment and Property Regulation Act, 1995.

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Crl. Misc. No. M- 1094 of 2013 ----2--

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It is a case where the petitioner, to begin with, was granted bail. He could not continue appearing before the court and for his failure to appear before the court on 10.09.2012, his bail bonds were cancelled and he was ordered to be summoned by way of non-bailable warrants.

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Learned counsel for the petitioner has submitted that the absence of the petitioner from hearing of the court is on a solitary occasion. According to him, learned trial court did not take into consideration the circumstances in which the absence took place. According to him, for this fact, the petitioner is entitled to the concession of pre-arrest bail.

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As is evident from the order dated 10.09.2012 passed by learned Additional Chief Judicial Magistrate,Tarn Taran none was appearing for the petitioner before the court. So there was none before the court to tell as to the reason for the absence of the petitioner at the trial. Further, as is evident from para no.4 of the petition, the date of appearance was not even noted by the petitioner and it shows the carelessness on his part. The court cannot be blamed for anything in respect of this order. Moreover, this is a case where the petitioner was granted bail and his bail bonds were cancelled and his presence was ordered to be secured by way of nonbailable warrants.

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Crl. Misc. No. M- 1094 of 2013

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The provisions of section 438 Cr.P.C. do not cover an eventuality where warrant of arrest has been issued against the accused on his failure to appear at the trial. Section 438 Cr.P.C covers the apprehension of arrest at the initial stage of registration of the case. It also covers the stage where some person is summoned as additional accused under section 319 Cr.P.C. for a non-bailable offence. Third eventuality which may be covered by section 438 Cr.P.C. is where some graver offence is added to the case already registered for a lesser offence. However, it does not cover a situation where a person was initially granted bail and he failed to appear before the court concerned and warrant of arrest had been issued to secure his presence. In that event, he is required to appear before the court before whom he failed to appear and explain his absence.

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Accordingly, the petition under section 438 Cr.P.C. does not lie on these facts and is dismissed.

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January 15, 2013 (VIJENDER SINGH MALIK) dinesh JUDGE

Joginder Singh v. State of Punjab and Anr.

Case brief

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Joginder Singh v. State of Punjab and Anr.

Case brief

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