Securing Presence of Accused is Paramount: High Court Grants Anticipatory Bail to Proclaimed Offender in Cheque Bounce Case

In a recent judgment, the Punjab and Haryana High Court underlined the importance of securing the presence of an accused for the smooth conduct of the trial. The Hon'ble Justice Sanjay Vashisth, while disposing of the anticipatory bail petition filed under Section 438 Cr.P.C., stated that "the paramount consideration of the Court is to secure the presence of accused."

Kulwant Singh, a 56-year-old man, had been declared a 'proclaimed offender' for a bailable & non-cognizable offence under Section 138 of the Negotiable Instruments Act, 1881. Singh's counsel argued that he had "no knowledge of the pendency of the complaint," as neither notice nor warrants were served upon him. In response, the Court noted that "By issuing bailable warrant or non-bailable warrants or proclamation orders, nothing material is achieved by anybody or even the prosecution agency, except of wastage of time and energy."

The State, represented by Mr. C.L. Pawar, Addl. AG, Punjab, objected to any leniency, asserting that the petitioner should be "dealt with sternly in accordance with law." Nevertheless, the Court considered the primary objective to be securing the accused's presence for the trial.

The Court directed Kulwant Singh to appear before the Trial Court on or before November 9, 2023. Upon his appearance, he will be released on bail after furnishing appropriate bonds. Additionally, Singh is required to deposit an amount of Rs. 20,000 for the treatment of poor patients in a specified Rajpura hospital as a condition for bail.

Furthermore, Singh has been instructed to submit an undertaking or affidavit committing to consistent appearances during the trial and assuring that the proceedings will not be delayed due to his conduct.

This judgment serves as a pertinent reminder of the judicial emphasis on securing the presence of the accused for fair and expeditious trials, over and above the routine issuance of warrants and proclamations.

Date of Decision: October 26, 2023

Kulwant Singh VS State of Punjab and another