CRM-M No. 20 of 2024 · Punjab And Haryana High Court · 2024

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 160/2017 Shri Ganesh Trading Company Versus Dinesh Kumar Sec+on 138 of N.I.Act

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.

The nature of order this court proposes to pass, no response is required from the respondent.

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.

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 JYOTI 2024.01.08 14:09 I attest to the accuracy and integrity of this order/judgment. 1 CRM-M-20-2024 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.

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.

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.

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.

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.

By the next date, the pe(cid:22)(cid:22)oner shall deposit a sum of rupees five thousand in the account of Bar Associa(cid:22)on, Sonepat and will also pay Rs. 5000/- to the complainant before the trial Court. In addi(cid:22)on to that he will deposit Rs. 5,000/- in the following account and hand over its receipt to the trial court. Account Name - HARYANA POLICE WELFARE FUND Account No. - 50100097073807 Account Type - Saving Account Bank Name - HDFC Bank, Sector-8, Panchkula IFSC Code - HDFC000108 JYOTI 2024.01.08 14:09 I attest to the accuracy and integrity of this order/judgment. 2 CRM-M-20-2024

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.

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 Whether speaking/reasoned: Whether reportable: Yes No. JYOTI 2024.01.08 14:09 I attest to the accuracy and integrity of this order/judgment. 3