Punjab-Haryana High Court
Surender Singh vs State Of Haryana on 2 April, 2024
Author: Anoop Chitkara
Bench: Anoop Chitkara
Neutral Citation No:=2024:PHHC:044387
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CRM-M-16210-2024 2024:PHHC:044387
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
114 CRM-M-16210-2024
Decided on: 02.04.2024
Surender Singh ...Pe oner
Versus
State of Haryana ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Rishab Garg, Advocate for the pe oner.
Mr. Vikrant Pamboo, Sr. D.A.G, Haryana.
(through video conferencing).
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ANOOP CHITKARA, J.
FIR No. Dated Police Sta*on Sec*ons
01 08.09.2020 SVB Gurgaon, District State Vigilance 7 of PC Act
Bureau
1. Challenging the order of cancella on of bail and issuance of non-bailable warrants, vide order dated 30.03.2024 passed by learned Addi onal District Judge, Nuh due to the default in appearances before the trial court, the pe 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 oner contends that the non-appearance was uninten onal, without any endeavor to delay the trial, and due to factors beyond the pe oner's control. He submits that pe oner is currently suffering from jaundice and he is under medical care, as such, a long date be given.
4. The primary object of service is to secure the accused's presence in trial. The pe oner has approached this court on its own, establishing the bonafide at this stage. Without commen ng on the case's merits, and in the facts and circumstances peculiar to this case, and also for the reasons men oned above, the ends of jus ce would meet. Furthermore, without adjudica ng the maintainability of this pe on under sec on 482 CrPC and leaving that ques on open; given the explana on offered by the accused coupled with the facts and circumstances peculiar to this case, a balanced approach 1 1 of 2 ::: Downloaded on - 04-04-2024 00:58:39 ::: Neutral Citation No:=2024:PHHC:044387 2 CRM-M-16210-2024 2024:PHHC:044387 would work as an incen ve, a catalyst, speeding up the process, and bringing the guilty to Jus ce and Jus ce to the guilty. Thus, exercising the inherent powers under sec on 482 CrPC, this court deems it appropriate to grant the following limited relief to the pe oner.
5. The grounds for not aCending the Court are men oned in para 4 of the pe on. Although, this Court does not fully agree with the grounds taken but counsel for the pe oner submits that even if there is some lapse on his side, he would have no objec on if this Court directs the pe oner to pay some costs which will warn him to be punctual in future.
6. Since, the case was fixed for pronouncement of judgment before the trial Court on 30.03.2024 and pe oner absence raise doubt on him, but keeping in view pe oner willingness to appear before trial Court as and when directed by this Court, order dated 30.03.2024 is set aside subject to the condi on that he shall surrender before trial Court on or before 10.04.2024 at 11 a.m. Arrest warrants issued against the pe oner shall remain stayed qua the pe oner, ll 10.04.2024 ll 11 a.m. It is clarified that if the pe**oner fails to appear before the concerned court within the permi5ed period, then this order shall stand recalled automa*cally under sec*on 362, read with 482 CrPC, without any further reference to this court.
7. Before surrender on 10.04.2024, the pe oner shall deposit a sum of Rs. 5,000/- in the Bar Associa on of Punjab and Haryana High Court, Chandigarh and Rs. 5000/- in the following account and hand over its receipts 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
9. Any observa on made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments.
Pe**on allowed to the extent and subject to the condi*ons men*oned above. All pending applica ons, if any, stand disposed.
(ANOOP CHITKARA)
JUDGE
02.04.2024
Jyo -II
Whether speaking/reasoned: Yes
Whether reportable: No.
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