Punjab-Haryana High Court
Raj Kumar Soni vs State Of Haryana And Anr on 18 November, 2024
Author: Anoop Chitkara
Bench: Anoop Chitkara
CRM-M No. 57224 of 2024
138
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M No. 57224 of 2024
Date of Decision: 18.11.2024
Raj Kumar Soni ...Petitioner
Versus
State of Haryana and another ...Respondents
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Vimal Kumar Gupta, Advocate
for the petitioner.
Mr. Vikrant Pamboo, Sr. D.A.G., Haryana.
****
ANOOP CHITKARA, J.
Complaint NACT/5222/2022 dated 01.02.2022 titled "Gobind Lal Sharma v/s Raj
No. Kumar Soni"
1. Aggrieved by the order of issuance of non-bailable warrants vide order
dated 20.08.2024 in the complaint captioned above, passed by JMIC, Gurugram due to
the default in appearance before the trial court, the petitioner has come up before this
court under section 528 BNSS, 2023.
2. Petitioner's counsel submits that on 20.08.2024, the petitioner was not
well and he moved an application for exemption from personal appearance but the trial
Court dismissed the said application and cancelled the bail of the petitioner and issued
warrants of arrest. The absence was neither intentional nor wilful.
3. Notices 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 notices to the private respondents is required.
4. The primary object of service is to secure the accused's presence in trial.
The petitioner 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
authenticity of this order/judgment
High Court, Sector 1, Chandigarh
meet. Furthermore, without adjudicating the maintainability of this petition under section
528 BNSS 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 528
BNSS, 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. Given above, let the petitioner appear before the concerned trial Court on
26.11.2024 at 11.00 AM subject to payment of cost(s) of Rs.5000/- to Poor Patient
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 26.11.2024 at 5.00
P.M. On his appearance, trial court shall release the petitioner on bail on the same day as
he was earlier on bail in this case on furnishing usual bonds to its satisfaction.
6. 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.
7. 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.
8. Petition allowed to the extent and subject to the conditions mentioned
above. All pending applications, if any, stand disposed.
(ANOOP CHITKARA)
JUDGE
18.11.2024
Jyoti Sharma
Whether speaking/reasoned: Yes
Whether reportable: No.
authenticity of this order/judgment
High Court, Sector 1, Chandigarh
