The High Court dismissed a petition for pre-arrest bail seeking to bypass the trial court where the petitioner is an absconder after jumping bail during pending bail proceedings under the Negotiable Instruments Act.
Pre-arrest bail dismissed; direction to execute sentence upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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CRM-M-44441 of 2019
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-44441 of 2019 DATE OF DECISION :- July 05, 2021
Sadhu Singh
...Petitioner
Versus
State of Punjab and another ...Respondents
CORAM: HON'BLE MR. JUSTICE H.S. MADAAN
Present :- Mr. Lakhwinder Singh Mann, Advocate for the petitioner.
Mr. J.S. Ghuman, DAG, Punjab. ***
The case has been taken up through Video Conferencing.
Learned counsel for the petitioner states that he had been
superseded by Sh. Ramesh Sharma, Advocate who had appeared in the Court on 25.2.2020 and he has no instructions to appear in this case. Mr.Ramesh Sharma, Advocate has not come present, therefore, I proceed to decide the petition by hearing the State counsel going through the record.
Petitioner Sadhu Singh, an accused in a criminal complaint under Section 138 of the Negotiable Instruments Act filed by complainant Balkar Singh was tried by Judicial Magistrate, Ist Class, Mukerian and vide judgment dated 8.9.2017, he was convicted and in terms of the order passed on that very date, he was sentenced to undergo rigorous imprisonment for one year and to pay compensation equivalent to amount to cheque in question to the complainant. It was clarified that payment of compensation shall be subject to result of appeal and revision if any preferred by the convict. The accused preferred an appeal against the judgment of his conviction and sentence in the Court of Sessions where it was pending, PARVINDER SINGH 2021.07.05 15:42 I attest to the accuracy and integrity of this document
CRM-M-44441 of 2019
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however, he absented from the Court on 4.7.2019, resultantly his bail order was cancelled and the trial Court was directed to get the sentence of imprisonment executed as per law. The accused has approached this Court seeking pre-arrest bail, which request is being opposed by the State counsel.
After hearing learned State counsel and going through the record, I find that no case for grant of pre-arrest bail to the petitioner is made out. Petitioner is an absconder having jumped bail during proceedings before Additional Sessions Judge, Hoshiarpur. The proper course for him was to surrender before that Court and to tender necessary explanation for his absence from the Court on 3.10.2017 while praying for grant of regular bail again. However, instead of doing so he has tried to bye-pass the said Court and has knocked at the door of this Court seeking pre-arrest bail which can certainly be not granted to him. In view of the facts and circumstances of the case, pre-arrest bail is a discretionary equitable relief which is not to be granted in routine but in exceptional cases to save the innocent persons from harassment and inconvenience and not to shield the criminals from arrest and interrogation. As per orders passed by learned Additional Sessions Judge, Hoshiarpur, the trial Court has been directed to get sentence of imprisonment executed against him. Therefore, the petition is bound to fail and is dismissed accordingly.
July 05, 2021 p.singh
Whether speaking/reasoned Yes/No Whether Reportable Yes/No
PARVINDER SINGH 2021.07.05 15:42 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether pre-arrest bail should be granted to an accused who is an absconder having jumped bail during trial proceedings.
Whether the petitioner can bypass the trial court where he is an absconder to seek relief from this High Court.
1 provisions across 1 enactments
Sadhu Singh
State of Punjab
H.S. Madaan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
