Punjab-Haryana High Court
Ravinder Singh vs State Of Haryana on 13 April, 2023
Neutral Citation No:=2023:PHHC:051450
2023:PHHC:051450
CRM-M-17854-2023 --1--
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
131 CRM-M-17854-2023
Decided on: 13.04.2023
Ravinder Singh ......Petitioner
Vs.
State of Haryana ......Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Vinay Kumar Pandey, Advocate
for the petitioner.
Mr. Manish Bansal, DAG, Haryana.
***
ANOOP CHITKARA J.
FIR No. Dated Police Station Sections
47 14.02.2012 Farakpur, District 148, 149, 323, 452 IPC
Yamuna Nagar at
Jagadhari
After arguing for considerable time, petitioner restricts his prayer qua the challenging
the order of issuance of proclamation, vide order dated 06.01.2023, passed by the learned
ACJ (SD), Jagadhari, due to the default in appearance before the trial court, and also seeks its
quashing on the basis of judgment of acquittal of the similarly placed co-accused.
2. The nature of order this court proposes to pass, no response is required from the
respondent.
3. Ld. Counsel for the petitioner contends that the non-appearance was due to his ill
health only and thus, was unintentional, without any endeavor to delay the trial, and due to
factors beyond the petitioner's control.
3(A). Counsel for the State strenuously opposed the petitioner's prayer.
4. The primary object of service is to secure the accused's presence in trial. The petitioner
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has approached this court on its own, establishing the bonafide at this stage. Without
commenting on the case's merits, and in the facts and circumstances peculiar to this case,
and also for the reasons mentioned above, the ends of justice would meet. Furthermore,
without adjudicating the maintainability of this petition under section 482 CrPC and leaving
that question open; given the explanation offered by the accused coupled with the facts and
circumstances peculiar to this case, a balanced approach would work as an incentive, a
catalyst, speeding up the process, and bringing the guilty to Justice and Justice to the guilty.
Thus, exercising the inherent powers under section 482 CrPC, this court deems it appropriate
to grant the following limited relief to the petitioner, subject to compliance with the
conditions mentioned in this order.
5. In para 6, the petitioner mentioned the reasons of non-appearance.
6. Given above, the petitioner is directed to surrender before the concerned court on or
before 29.04.2023. On appearance, the concerned court shall release the petitioner on bail
on the same day, subject to furnishing bail in the following terms and imposing reasonable
conditions, as it may deem appropriate in the background of the accused's conduct.
7. The petitioner to execute a bond for attendance in the concerned court.On the reverse
page of personal bonds, the petitioner shall mention the permanent address, along with the
phone number preferably that number which is linked with the AADHAR card, the other
phone numbers (if any), and e-mail (if any). In case of any change in the above particulars, the
petitioner shall immediately and not later than 30 days from such modification, intimate
about the change to the concerned Police Station and the concerned Court.
8. The order vide which the petitioner was declared a proclaimed offender, all warrants,
LOC, and all consequent proceedings in the above mentioned FIR shall remain stayed qua the
petitioner, till 29.04.2023. It is clarified that if the petitioner fails to appear before the
concerned court, then this order shall stand recalled automatically under section 362, read
with 482 CrPC, without any further reference to this court.
9. This order is subject to the petitioner(s) depositing a sum of rupees ten thousand, by
the above-mentioned date, 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
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IFSC Code - HDFC000108"
10. It is clarified that till the time the petitioner(s) appear before the concerned court, they
shall not visit any other place except the home, and in case they want to stay in another
place, they shall intimate the address of the such place to the concerned SHO by e-mail, by
attaching the copy of this order. In case of any violation on this account, this order shall stand
recalled automatically without any further reference to this court.
11. Any observation made hereinabove is neither an expression of opinion on the merits of
the case nor shall the trial Court advert to these comments.
12. There would be no need for a certified copy of this order, and any Advocate for the
Petitioner can download this order along with case status from the official web page of this
Court and attest it to be a true copy. In case the attesting officer wants to verify the
authenticity, such an officer can also verify its authenticity and may download and use the
downloaded copy for attesting bonds.
Petition allowed to the extent and subject to the conditions mentioned above. All pending
applications, if any, stand disposed. Liberty reserved to the petitioner to raise all his other
prayers in separate petition(s) after surrender, if need so arises.
Trial be expedited.
(ANOOP CHITKARA)
JUDGE
13.04.2023
sonia arora
Whether speaking/reasoned: Yes
Whether reportable: No.
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