Punjab-Haryana High Court
Sarita Yadav vs Punjab National Bank on 23 October, 2024
Author: Anoop Chitkara
Bench: Anoop Chitkara
CRM-M No. 53057 of 2024
133 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M No. 53057 of 2024
Date of Decision: 23.10.2024
Sarita Yadav ...Pe oner
Versus
Punjab Na onal Bank ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Ms. Isha Goyal, Advocate
for the pe oner.
****
ANOOP CHITKARA, J.
Case bearing No. NACT/10212/2019 dated 20.03.2019
1. Aggrieved by the order of issuance of non-bailable warrants vide order dated 15.05.2024, passed by JMFC, Gurugram due to the default in appearance before the trial court, the pe oner has come up before this court under sec on 528 BNSS, 2023.
2. Pe oner's counsel submits that the pe oner was appearing on each and every date before the trial Court and on the date on which her bail was cancelled and non-bailable warrants were issued, she has moved an applica on for exemp on which was declined. The absence was neither inten onal nor wilful.
3. No ces served upon the official respondents through the State's counsel. Given the nature of the order that this Court proposes to pass, neither the response of official respondents nor the issuance of no ces to the private respondents is required.
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 Jyoti Sharma 2024.10.25 17:30 1 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh CRM-M No. 53057 of 2024 under sec on 528 BNSS 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 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 528 BNSS, this court deems it appropriate to grant the following limited relief to the pe oner, subject to compliance with the condi ons men oned in this order.
5. Counsel for the pe oner submits that she will be appearing before the concerned Court and ll then, non-bailable warrants be kept in abeyance and she will take appropriate legal remedies.
6. Given above, let the pe oner appear before the concerned trial Court on 05.11.2024 at 11.00 AM subject to payment of cost(s) of Rs.10,000/- to Poor Pa ent Welfare Fund, PGIMER, Chandigarh. Till then, there shall be stay on impugned order and any warrants issued pursuant to that. This order shall eclipse on 05.11.2024 at 5.00 P.M. On her appearance, trial court shall release her on bail on the same day as she was earlier on bail in this case.
7. 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.
8. There would be no need for a cer fied copy of this order, and any Advocate for the Pe oner can download this order along with case status from the official web page of this Court and a est it to be a true copy. In case the a es ng officer wants to verify the authen city, such an officer can also verify its authen city and may download and use the downloaded copy for a es ng bonds.
9. 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
23.10.2024
Jyo Sharma
Whether speaking/reasoned: Yes
Whether reportable: No.
Jyoti Sharma
2024.10.25 17:30
2
I attest to the accuracy and
authenticity of this order/judgment
High Court, Sector 1, Chandigarh