Jatinder Singh @ Jatinder Pal And Another v. State Of Punjab And Another
CRM-M No. 13431-2023 --1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M No. 13431-2023 Date of decision: 04.05.2023 Jatinder Singh @ Jatinder Pal and another ......Petitioners Vs.
State of Punjab and another ......Respondents CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present:
Mr. Mitul Singh Rana, Advocate for the petitioner(s). Mr. Harsimar Singh Sitta, DAG, Punjab.
*** ANOOP CHITKARA J.
Complaint No Dated Passed by Under Sections COMI/138/2016 27.05.2016 JMIC Batala 420, 467, 468, 471, 120-B IPC 1.
Challenging the order of proclamation, issued vide order dated 09.01.2023, passed by JMIC Batala, due to the default in appearances before the trial court, the petitioners have come up before this court.
2.
The nature of order this court proposes to pass, no response is required from the respondent-State.
3.
Counsel for the petitioners contends that the non-appearance was unintentional, without any endeavor to delay the trial, and due to factors beyond the petitioners' control.
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 meet. This court deems it appropriate to grant the following limited relief to the petitioners, subject to compliance with the conditions mentioned in this order. 5.
The petitioners are directed to surrender before the concerned court on or SONIA ARORA 2023.05.08 10:48 I attest to the accuracy and integrity of this document
CRM-M No. 13431-2023 --2before 28.05.2023. The concerned court shall release the petitioners on bail on the same day, subject to furnishing bail bonds to its satisfaction and imposing reasonable conditions as it may deem appropriate in the background of the accused's conduct. 6.
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.
7.
The order vide which the petitioner was declared a proclaimed offender, all warrants, and all consequent proceedings in the above mentioned FIR shall remain stayed qua the petitioner, till 28.05.2023. It is clarified that if the petitioners fail 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. 8.
This order is subject to the condition that the petitioners shall deposit a sum of Rs. 10,000/-each by the above-mentioned date, in the following account and hand over its receipt to the trial court.
"AJIT SINGH POLICE WELFARE FUND"
ACCOUNT NO. 12171450000081, HDFC BANK, SCO 3, SECTOR 15-C, CHANDIGARH- 160015, RTGS/NEFT IFSC: HDFC0001217,
9. 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. 10.
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 partly allowed to the extent mentioned above. All pending applications, if any, stand disposed.
Trial be expedited.
(ANOOP CHITKARA) JUDGE 04.05.2023 sonia arora Whether speaking/reasoned:
Yes Whether reportable:
No. SONIA ARORA 2023.05.08 10:48 I attest to the accuracy and integrity of this document