Punjab and Haryana High Court: While deciding the instant petition preferred by Deepak Chaurasia, against the order dated 28-10-2022 whereby his bail application was cancelled by the trial court and he was ordered to be summoned through warrant of arrest, Vivek Puri, J., held that the arrest will remain stayed until the bail application is disposed of and directed him to appear before the trial court on or before 17-11-2022.
Facts:
Deepak Chaurasia is facing trial in the case bearing FIR dated 20-03-2015 and was booked under Section 67-B of Information Technology Act, 2000, Sections 497, 471, 189, 120- B of Penal Code and under Section 23 of Protection of Children from Sexual Offences Act, 2012.
Deepak Chaurasia, on 28-10-2022, was supposed to appear in the trial court but an application for exemption was moved on his behalf which was declined by the court. Consequential to this, the trial court passed the order through which his bail application was rejected, the bail bonds and surety bonds were cancelled and forfeited to the State, and he was summoned through warrant of arrest. He is now being summoned on 21-11-2022 through warrant of arrest. Hence, the instant petition is filed.
Arguments:
The counsel for Deepak Chaurasia contends that due to health issues, he was admitted in Aashlok Hospital, therefore he was unable to appear in the trial court.
Observation and Analysis:
The Court noted that the discharge summary of the hospital establishes that Deepak Chaurasia was admitted on 28-10-2022 which resulted in non- appearance in the trial court.
The Court, while disposing of the petition, directed Deepak Chaurasia to appear before the trial court on or before 17-11-2022 and move a bail application/a recall of warrant of arrest.
The Court further directed that the arrest would remain stayed and the coercive steps in the impugned order will remain in abeyance till the bail is disposed of.
[Deepak Chaurasia v State of Haryana, 2022 SCC OnLine P&H 3166, decided on 10-11-2022]
For the Petitioner: Mr. Sumeet Goel, Sr. Advocate
Mr. Samir Rathaur, Advocate
Mr. A.K. Ranolia, Advocate
Ms. Shivani Kaushik, Advocate
