High Court of Punjab and HaryanaCRM-M/8779/2022allowed

Asif Fazlani v. State Of Haryana

2022-05-17Mr. Justice Anoop Chitkara4 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Reserved on: -29-04-2022

Pronounced on: 17-05-2022 Asif Fazlani

...Petitioner

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Anmol Partap Mann, Advocate for the petitioner.

Mr. Manish Bansal, DAG, Haryana.

**** ANOOP CHITKARA, J.

Feeling aggrieved by the dismissal of exemption application from personal appearance and cancelling his bail bonds and further issuing non-bailable warrants, the accused has come up before this Court under Section 482 Cr.P.C for setting aside the order dated 11.01.2022 (Annexure P-10) and also for transfer of the complaint from the concerned Court with the allegations of bias and prejudice against the petitioner. 2.

Vide order dated 15.09.2021 (Annexure P-2), learned Additional Sessions Judge, Gurugram, dismissed the application filed by the accused-Asif Fazlani/accused No.5 for personal exemption. The reasons for such exemption was that Asif Fazlani was suffering from issues with the spine and was unable to travel from Mumbai to Gurugram. However since no medical documents were annexed to support the application, as such, learned Court dismissed the same. Consequently, the learned Court also cancelled the bail bonds and fortieted the same to the State and issued non-bailable warrants.

In paragraph 16 of the petition, the accused offers the following explanation:

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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. The petition is allowed to the extent mentioned in this order and with the following conditions.

There shall be a stay of the petitioner's arrest in the case mentioned above for ten days; however, if the petitioner fails to appear within this time of 15 days, then stay on arrest shall stand vacated without any further reference to this court. It is clarified that if the petitioner appears before the concerned court, then the impugned order dated 11.01.2022 (Annexure P-10), issued by the concerned court against the petitioner in the matter mentioned above shall stand quashed, warrants canceled, and bonds restored. However, in case the ld. trial court so desires, it may ask the petitioner to furnish fresh bail bonds, and in such an eventuality, the petitioner shall execute a bond for attendance in the concerned court to its satisfaction.

Within 15 days from today, the petitioner shall procure a smartphone and inform its IMEI number and other details to the SHO/I.O. of the concerned Police station. The petitioner shall always keep the phone location/GPS on the "ON" mode. Whenever the Investigating officer asks to share the location, the petitioner shall immediately do so. The petitioner shall neither clear the location history, WhatsApp chats, calls nor format the phone without permission of the concerned SHO/I.O. This condition shall continue till the completion of the trial or closure of case, whatever is earlier.

Within 15 days from today, the petitioner shall deposit a sum of rupees ten thousand in 'High Court Lawyers Welfare Fund,' Account number 65018692589, SB, IFCI code SBIN0050306, Branch Code 50306, Brach Address State Bank of India, High Court Branch, Sector 1, Chandigarh. After depositing, the petitioner shall file the proof of deposit, before the concerned court and send its copy alongwith a copy of this order to the Secretary, Punjab & Haryana High Court Bar Association, either in physical or electronic mode.

This order is subject to the petitioner appearing before the concerned court with in ten days from today.

Any Advocate for the petitioner and the Officer in whose presence the petitioner puts signatures on personal bonds shall explain all conditions of this bail order in any language that the petitioner understands.

10. 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. 11.

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 mentioned above. All pending applications, if any, stand disposed.

(ANOOP CHITKARA) JUDGE 17.05.2022 anju rani Whether speaking/reasoned:

Yes Whether reportable:

No.