Punjab-Haryana High Court
Jeet Singh Alias Ranjeet Singh Alias ... vs State Of Punjab on 26 September, 2024
Author: Anoop Chitkara
Bench: Anoop Chitkara
CRM-M No. 48301 of 2024
125 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M No. 48301 of 2024
Date of Decision: 26.09.2024
Jeet Singh @ Ranjeet Singh @ Ranjeet Singh Brar ...Pe oner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Armaan Gagneja, Advocate
for the pe oner.
Ms. Swa Batra, D.A.G., Punjab.
****
ANOOP CHITKARA, J.
FIR No. Dated Police Sta on Sec ons
205 18.08.2019 City Muktsar, 306 IPC
District Sri Muktsar
Sahib
1. Seeking se ng aside of order dated 04.07.2024 passed by Addi onal
Sessions Judge in the FIR cap oned above, the pe oner has come up before this court
under sec on 528 of BNSS, 2023.
2. No ce served upon the official respondent through State counsel. The
nature of order this court proposes to pass, no response is required from the
respondent.
3. Pe oner's counsel submits the pe oner was regularly appearing
before the trial Court ll 04.07.2024 on which date, the concerned Court not only
cancelled the bail but also issued non-bailable warrants. The absence of the pe oner
was neither wilful nor inten onal.
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 528 BNSS and leaving that ques on open; given the explana on offered
authenticity of this order/judgment
High Court, Sector 1, Chandigarh
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. The pe oner is directed to surrender before the concerned court on or
before 05.10.2024 by 11 AM and file a bail pe on. Since the pe oner was earlier
granted bail, as such on appearance, the concerned court shall release the pe oner
on bail on the same day, subject to furnishing bail bonds to its sa sfac on and
imposing reasonable condi ons as it may deem appropriate in the background of the
accused's conduct.
6. The pe oner shall not be arrested ll 05.10.2024, 11 PM and it is
clarified that if the pe oner does not appear before the concerned court by this
date, then this order shall stand recalled automa cally under sec on 403 & 528 BNSS,
without any further reference to this court.
7. By the next date, the pe oner shall deposit a sum of Rs.5000/- in the
account of PGI Poor Pa ent Welfare Fund and hand over its receipt to the trial Court.
8. 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.
9. 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.
10. 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
26.09.2024
Jyo Sharma
Whether speaking/reasoned: Yes
Whether reportable: No.
authenticity of this order/judgment
High Court, Sector 1, Chandigarh
