CRM-M No. 22 of 2024 · Punjab And Haryana High Court · 2024
Case at a glance
Provisions considered
Key paragraphs
- Para 44. The primary object of service is to secure the accused's presence in trial. The pe(cid:22)(cid:22)oner has approached this court on its own, establishing the bonafide at this stage. Without commen(cid:22)ng on the case's merits, and in the facts and circumstances peculiar to this case…
Judgment
HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Vikram Singh, Advocate for the pe(cid:22)(cid:22)oner. Ms. Shubhra Singh, Addl. A.G., Haryana. **** ANOOP CHITKARA, J. Complaint No. Title COMA 35/2016 Sampuran Versus Dinesh Kumar Sec+on 138 of N.I.Act
#1. Challenging the order of cancella(cid:22)on of bail and issuance of non-bailable warrants, vide order dated 19.12.2023, passed by learned SDJM, Kharkhoda, due to the default in appearances before the trial court, the pe(cid:22)(cid:22)oner has come up before this court.
#2. The nature of order this court proposes to pass, no response is required from the respondent.
#3. Counsel for the pe(cid:22)(cid:22)oner contends that the non-appearance was uninten(cid:22)onal, without any endeavor to delay the trial, and due to factors beyond the pe(cid:22)(cid:22)oner’s control.
#4. The primary object of service is to secure the accused's presence in trial. The pe(cid:22)(cid:22)oner has approached this court on its own, establishing the bonafide at this stage. Without commen(cid:22)ng on the case's merits, and in the facts and circumstances peculiar to this case, and also for the reasons men(cid:22)oned above, the ends of jus(cid:22)ce would meet. Furthermore, without adjudica(cid:22)ng the maintainability of this pe(cid:22)(cid:22)on under sec(cid:22)on 482 CrPC and leaving that ques(cid:22)on open; given the explana(cid:22)on offered by the accused coupled with the facts and circumstances peculiar to this case, a balanced approach would work as an incen(cid:22)ve, a catalyst, speeding up the process, and bringing the guilty to Jus(cid:22)ce and Jus(cid:22)ce to the guilty. Thus, exercising the inherent powers under sec(cid:22)on 482 CrPC, this court deems it appropriate to grant the following limited relief to the pe(cid:22)(cid:22)oner, subject to compliance with the condi(cid:22)ons men(cid:22)oned in this order. JYOTI 2024.01.08 13:57 I attest to the accuracy and integrity of this order/judgment. 1 CRM-M-22-2024 2
#5. In paragraph no. 6 and 7 of the pe(cid:22)(cid:22)on, the pe(cid:22)(cid:22)oner explained the reasons for his non-appearance before the trial Court.
#6. Given above, t he pe(cid:6)(cid:6)oner is directed to surrender before the concerned court on 15.01.2024 or the next date fixed in the trial Court . The concerned court shall release the pe++oner on bail on the same day , subject to furnishing bail bonds to its sa(cid:6)sfac(cid:6)on and imposing reasonable condi(cid:6)ons as it may deem appropriate in the background of the accused’s conduct.
#7. The pe(cid:22)(cid:22)oner is to execute a bond for aDendance in the concerned court. On the reverse page of personal bonds, the pe(cid:22)(cid:22)oner shall men(cid:22)on the permanent address, the address where the pe(cid:22)(cid:22)oner generally resides, the phone number linked with the AADHAR card, the other phone numbers (if any), and e-mail (if any). In case of any change in the above par(cid:22)culars, the pe(cid:22)(cid:22)oner shall immediately and not later than 30 days from such modifica(cid:22)on, in(cid:22)mate about the change to the concerned Police Sta(cid:22)on and the concerned Court. The bail bonds shall remain in force throughout the trial and in Sec(cid:22)on 437-A of the Cr.P.C. if not canceled due to non-appearance or breach of condi(cid:22)ons.
#8. The order vide which arrest warrants against the pe(cid:22)(cid:22)oner was issued in the FIR shall remain stayed qua the pe(cid:22)(cid:22)oner, (cid:22)ll 15.01.2024 or the next date fixed in the trial Court. It is clarified that if the pe++oner fails to appear before the concerned court, then this order shall stand recalled automa+cally under sec+on 362, read with 482 CrPC, without any further reference to this court.
#9. On the date of hearing before trial Court, the pe(cid:22)(cid:22)oner shall pay a sum of Rs. 5000/- to the complainant.
#10. Any observa(cid:22)on made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments.
#11. There would be no need for a cer(cid:16)fied copy of this order, and any Advocate for the Pe(cid:16)(cid:16)oner can download this order along with case status from the official web page of this Court and a(cid:31)est it to be a true copy. In case the a(cid:31)es(cid:16)ng officer wants to verify the authen(cid:16)city, such an officer can also verify its authen(cid:16)city and may download and use the downloaded copy for a(cid:31)es(cid:16)ng bonds. Pe++on allowed to the extent and subject to the condi+ons men+oned above. All pending applica(cid:22)ons, if any, stand disposed. (ANOOP CHITKARA) JUDGE
04.01.2024/Jyo(cid:16)-II JYOTI 2024.01.08 13:57 I attest to the accuracy and integrity of this order/judgment. Whether speaking/reasoned: Whether reportable: Yes No. 2
Questions this judgment answers
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973.
Which court decided this case, and when?
Punjab & Haryana High Court, on 04 Jan 2024. The bench was ANOOP CHITKARA.
Precedent status how later indexed judgments have treated this case
No treatment data yet for this judgment in the Courts & Cases corpus.
Absence of data is not a statement about the judgment’s standing — the corpus covers only judgments we index and link with cited evidence.