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Judgment
Kirti Singh, J
The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of the impugned order dated 30.10.2025 (Annexure P-2), whereby the application moved by the petitioners for exemption was declined and bail granted to them has been cancelled, and the order dated 06.12.2025 (Annexure P-4), whereby proclamation has been issued against the petitioners in case FIR No. 95 dated 12.3.2020, under Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act, registered at Police Station Division No. 5, Ludhiana.
Learned counsel for the petitioners submits that the petitioners could not appear before the learned trial Court on the date fixed as they were out of station for performing rituals of Chhath Pooja. Therefore, they moved an application seeking exemption from personal appearance. However, vide impugned order dated 30.10.2025, the said application was dismissed, and the bail granted to them was ordered to be cancelled, the surety bonds were Gurpreet Singh ordered to be forfeited to the State and non-bailbale warrants were issued against them. Subsequently, vide impugned order dated 06.12.2025 (Annexure P-4), proclamation has been issued against the petitioners. It is also submitted that on earlier occasions i.e. on 06.10.2025 and 27.10.2025, the petitioners were granted exemption by the learned Court concerned. It has also been submitted that the absence of the petitioners was neither intentional nor deliberate, and that the petitioners are ready to appear before the trial Court and abide by all the terms and conditions as may be imposed upon them by the trial Court.
Notice of motion.
Ms. Guramrit Kaur, DAG, Punjab accepts notice on behalf of respondent-State. Learned State counsel, on instructions from the official concerned, submits that there is no other case registered against the petitioners.
Heard.
The objective of the coercive mechanism prescribed under the Code of Criminal Procedure, 1973 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 petitioner/accused shows his sincere intention and desire to appear before the Court, then it would not be unjustified to protect him from being arrested.
In view of the above, the present petition is allowed. Orders dated 30.10.2025 (Annexure P-2) and dated 06.12.2025 (Annexure P-4) along with all consequential proceedings emanating therefrom are hereby set aside subject to payment of cost of Rs. 20,000/- by the petitioners with the Poor Patient Welfare Fund, PGIMER, Chandigarh within 10 days from today. The petitioners after depositing the cost as stated above would appear before the trial Court within 15 days and file an appropriate application for bail along with receipt of payment of cost. The trial Court would release the petitioners on bail on the same bail bonds and surety bonds. No coercive action would be taken against the petitioners till then. In case, the petitioners fail to comply with the aforesaid direction within stipulated period then this order would be of no avail to the petitioners.
Pending miscellaneous application(s), if any, also stands disposed of.