Punjab-Haryana High Court
Aman Bhardwaj vs State Of Punjab And Another on 8 August, 2023
CRM-M-38758-2023 2023:PHHC:103460
-1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
115
CRM-M-38758-2023
Date of decision: 08.08.2023
Aman Bhardwaj
...Petitioner
Versus
State of Punjab and another
...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
*****
Present : Mr. Gaurav Sharma, Advocate for the petitioner.
Mr. Manipal Singh Atwal, DAG, Punjab.
*****
AMAN CHAUDHARY. J.
1. The present petition has been filed under Section 482 CrPC for
setting aside the impugned order dated 07.02.2023 (Annexure P-1) passed by
the Additional Sessions Judge, SAS Nagar, Mohali in CRA No.1 of 2019,
D.O.I. 04.01.2019 (Annexure P-1) arising from the original complaint being
No.NACT-686, D.O.I. 05.11.2016 titled as 'Esha Malik Versus Aman
Bhardwaj' (Annexure P-2) whereby bail and surety bonds of the petitioner
have been cancelled and non-bailable warrants has been issued.
2. Learned counsel submits that the sentence of the petitioner was
suspended by the Appellate Court vide order dated 04.01.2019 (Annexure P-
3) whereafter he had not appeared on 07.02.2023 as on the previous date of
hearing i.e. on 25.01.2023, an application for exemption from personal
appearance was filed which was allowed but a wrong date was noted as
Ankur Goyal
2023.08.11 18:08
I attest to the accuracy and
integrity of this order/judgment
CRM-M-38758-2023 2023:PHHC:103460
17.03.2023 instead of 07.02.2023. Vide the order of even date, appellate
Court cancelled the bail and surety bonds of the petitioner and issued non-
bailable warrants for 14.03.2023. The petitioner is a resident of Uttar
Pradesh. He is the sole bread earner of his family, consisting of 2 minor
children, wife and old-age parents. His absence is neither wilful nor
deliberate and on account of the reason aforesaid. Further that he is ready
and willing to join the proceedings and it is prayed that one opportunity may
be granted to him to surrender before the learned appellate Court even if the
same is subject to costs. Reliance is placed on the orders of this Court in
CRM-M-38277-2022 dated 26.08.2022, in the case of Surjit Singh vs. State
of Punjab, CRM-M-39000-2022, titled as Raghav vs. State of Punjab,
decided on 09.09.2022 and CRM-M-36490-2022, titled as Major Singh vs.
State of Punjab, decided on 15.9.2022.
3. Notice of motion.
4. Mr. Manipal Singh Atwal, DAG, Punjab, who has appeared on
receipt of advance copy of the petition, opposes the same by submitting that
the impugned order is legal and valid and has been rightly passed by the
appellate Court on account of non-appearance of the petitioner.
5. No order prejudicial to the rights of the private respondent is
being proposed to be passed by this Court, thus, there is no requirement for
the notice to be issued to her.
6. Heard.
7. The very purpose of initiation of proclamation proceedings, is
to compel and secure the presence of the accused to face trial and establish
Ankur Goyal
2023.08.11 18:08
I attest to the accuracy and
integrity of this order/judgment
CRM-M-38758-2023 2023:PHHC:103460
the rule of law, as also to ensure finalization of the proceedings.
8. Adverting to the facts of the present case, the reasons for
non-appearance of the petitioner that led to the passing of the impugned
order, appear to be justified. At times, the accused can be prevented by
sufficient reasons to put an appearance before the Court and such an absence
cannot necessarily be construed as deliberate and wilful. However, it is
incumbent upon him to join the proceedings, before the appellate Court, for
the culmination of the same. Considering the fact that the absence of the
petitioner was not wilful or deliberate and his readiness and willingness to
surrender and join the proceedings, in case one opportunity is granted to the
petitioner, no prejudice shall be caused to any of the parties, rather his
joining the proceedings would help in expediting the trial. Thus, in order to
make the ends of justice meet and finding judgments referred to above being
applicable to the instant case, the present petition deserves to be allowed.
9. In view of the afore-referred orders and the facts and
circumstances of the case, the impugned order dated 07.02.2023, Annexure
P-1 is set aside subject to surrender by the petitioner before the appellate
Court on or before 23.08.2023. On furnishing bail/surety bonds, the Court
shall release him on bail subject to its satisfaction. He is also directed to
submit an undertaking by way of an affidavit that he will appear on each and
every date of hearing before the Court, unless specifically exempted by the
Court. He shall not leave the country without prior permission of the Court.
The Court may impose any other condition that it may deem appropriate in
the facts and circumstances of the present case.
Ankur Goyal
2023.08.11 18:08
I attest to the accuracy and
integrity of this order/judgment
CRM-M-38758-2023 2023:PHHC:103460
10. Before parting with this order, it is made abundantly clear that
in case the petitioner does not adhere to the aforesaid, the present petition
shall be deemed to have been dismissed without any reference to this Court.
(AMAN CHAUDHARY)
JUDGE
08.08.2023
Ankur
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
Ankur Goyal
2023.08.11 18:08
I attest to the accuracy and
integrity of this order/judgment
