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2019 DIGILAW 2616 (PNJ)

Kakka Singh v. State of Punjab

2019-09-20

RAJBIR SEHRAWAT

body2019
JUDGMENT 1. Present petition has been filed for seeking anticipatory bail in FIR No.32 dated 02.04.2016 for the offences punishable under Section 22 of Narcotic Drugs and Psychotropic Substances Act, registered at Police Station Kot Ise Khan, District Moga. 2. It is contended by learned counsel for the petitioner that in this very case, the petitioner was granted bail pending trial by the Trial Court vide Order dated 27.03.2017. Thereafter, the petitioner had been appearing regularly before the Trial Court, for atleast, 17 dates only to get an Order from the Trial Court that no PW was present. This was happening despite the fact that all the witnesses in the case happens to be Police Officers. However, on one date, i.e. 12.09.2019 the petitioner could not appear before the Trial Court. Hence, the bail granted to him has been cancelled and warrant of arrest has been issued. Therefore, the petitioner apprehends his arrest. It is further submitted that the absence of the petitioner from the Trial Court was not intentional. In fact, the counsel for the petitioner, appearing before the Trial Court, had wrongly communicated the next date of hearing before the Trial Court to be 16.09.2019; instead of 12.09.2019. Therefore, by this inadvertent mistake, the petitioner could not appear before the Trial Court. Rather the petitioner went to the Court on 16.09.2019 and found that the case was not fixed for that date. Thereafter, the petitioner inquired into the matter and came to know that the bail granted to the petitioner has been cancelled for the reason mentioned above. It is further submitted by the counsel for the petitioner that the petitioner has no intention to flee from the course of justice. He intends to appear before the Trial Court to face further proceedings in accordance with law, as he was appearing earlier. The only prayer is that the petitioner be protected against his arrest. Notice of motion. 3. On the asking of the Court, Shri K.S.Aulakh, DAG, Punjab accepts notice on behalf of the State of Punjab and submits that he has no objection if the petitioner appears before the Trial Court. 4. The objective of the coercive mechanism prescribed under the Code of Criminal Procedure is to ensure that the accused remains present before the Court to receive the orders and punishments as are passed qua the accused. 4. The objective of the coercive mechanism prescribed under the Code of Criminal Procedure is to ensure that the accused remains present before the Court to receive the orders and punishments as are passed qua the accused. 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. Adjourned to 18.11.2019. 5. In the mean-time, the petitioner shall appear before the Trial Court on or before 01.10.2019. In case petitioner so appears before the Trial Court then the petitioner shall be released on interim bail on his furnishing bail bonds/sureties to the satisfaction of the Trial Court. 6. However, the facts disclosed in the petition and the zimni orders passed by the Trial Court show a very gloomy picture of the police functioning; and their indifferent conduct vis-a-vis the Court proceedings. The petitioner has placed on record atleast 18 orders passed by the Trial Court. Out of those; on about 16 dates the case was adjourned by the Trial Court only for the reasons that the Police Officers/Officials were not present as witnesses. Not only this, the Orders also reflect that the Trial Court had gone to the extent of stopping the salary of the Police Officers/Officials for their non-appearance. But even qua that no report was submitted to the Trial Court; whether the salary has been so stopped or not. Still further, surprisingly, even the warrants issued by the Trial Court against the Police Officers/Officials were not executed by the concerned police. Therefore, the entire process undertaken before the Trial Court has turned out to be a joke upon the fundamental right of the petitioner; to life and liberty, which can not be scuttled in the casual manner; as is being done by the prosecution in this case. Hence, certain coercive and pre-emptive directions have become imperative in this case; to ensure that the right of the petitioner as a citizen is not trampled by inefficiency and inaction of the police officers/officials. 7. Accordingly, it is further ordered that against all the prosecution witnesses, who has not been examined so far the Trial Court shall issue non-bailable warrants within three days from the date of receipt of certified copy of this Order. 7. Accordingly, it is further ordered that against all the prosecution witnesses, who has not been examined so far the Trial Court shall issue non-bailable warrants within three days from the date of receipt of certified copy of this Order. Superintendent of Police, Moga shall ensure that all the said witnesses are taken into custody within next seven days therefrom and shall report to the Trial Court in this regard. Thereafter all those persons shall be kept in protective custody at District Jail/Sub-Jail Moga, till their examination and cross-examination is complete. 8. The SHO, Police Station Kot Ise Khan, District Moga shall remain present in the Court on the next date of hearing; with the detail of the Police Officials who were entrusted with the duty of execution of the warrants issued by the Trial Court; which were not executed by them. 9. Let the copy of this Order be sent to the Trial Court for necessary compliance.