Joginder v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-15567-2023 Date of Decision: 28.03.2023 Joginder ...PeƟƟoner

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Kamal Chaudhary, Advocate for the peƟƟoner. Ms. Shubhra Singh, Addl. A.G., Haryana.

**** ANOOP CHITKARA, J.

Complaint Dated SecƟons Titled No.

10.10.2022 21(1) of Mines and Minerals Act read with Rule 104(iii) State through Mining Officer Vs. J S A Enterprises, through its proprietor Joginder 1.

The peƟƟoner apprehending arrest in the FIR capƟoned above has come up before this Court under SecƟon 438 CrPC seeking anƟcipatory bail. 2.

The accused could not be served through the ordinary process, including summons, bailable warrants, and even non-bailable warrants. 3.

The nature of order this court proposes to pass, no response is required from the respondent.

4.

The peƟƟoner's counsel contends that the non-appearance was unintenƟonal, without any endeavor to delay the trial, and due to factors beyond the peƟƟoner's control. The peƟƟoner explains that he did not know the date fixed for the case, not because of any disregard to law but due to lack of communicaƟon from counsel 5.

The primary object of service is to secure the accused's presence in trial. The peƟƟoner has approached this court on its own, establishing the bonafide at this stage. Without commenƟng on the case's merits, and in the facts and circumstances peculiar to this case, and for the reasons menƟoned above, the ends of jusƟce would meet. Furthermore, without adjudicaƟng on merit, given the explanaƟon offered by the accused coupled with the facts and circumstances peculiar to this case, a balanced

approach would work as an incenƟve, a catalyst, speeding up the process, and bringing the guilty to JusƟce and JusƟce to the guilty. This court deems it appropriate to grant the following limited relief to the peƟƟoner, subject to compliance with the condiƟons menƟoned in this order.

6.

In Mahidul Sheikh v. State of Haryana, CRM-33030-2021 in CRA-S-363-2020, decided on 14-01-2022, Para 53, [Law Finder Doc Id # 1933969], this Court observed, [53]. The pragmaƟc approach is that while granƟng bail with sureƟes, the "Court" and the "ArresƟng Officer" should give a choice to the accused to either furnish surety bonds or to handover a fixed deposit, or direct electronic money transfer where such facility is available, or creaƟng a lien over his bank account. The accused should also have a further opƟon to switch between the modes. The opƟon lies with the accused to choose between the sureƟes and deposits and not with the Court or the arresƟng officer. 7.

The peƟƟoner is directed to surrender before the concerned court on or before 15.04.2023. On appearance, the concerned court shall release the peƟƟoner on bail on the same day, subject to furnishing bail in the following terms and imposing reasonable condiƟons, as it may deem appropriate in the background of the accused's conduct. 8.

Given above, provided the peƟƟoner is not required in any other case, the peƟƟoner shall be released on bail in the FIR capƟoned above, in the following terms: (a). PeƟƟoner to furnish personal bond of Rs. Ten thousand (INR 10,000/-); AND (b) To give one surety of Rs. Twenty-five thousand (INR 25,000/-), to the saƟsfacƟon of the concerned court, and in case of non-availability, any nearest Ilaqa Magistrate/duty Magistrate. Before accepƟng the surety, the concerned court must saƟsfy that if the accused fails to appear in court, then such surety can produce the accused before the court.

OR (b) PeƟƟoner to hand over to the concerned court a fixed deposit for Rs. Ten Thousand only (INR 10,000/-), with the clause of automaƟc renewal of the principal and the interest reverƟng to the linked account, made in favor of the 'Chief Judicial Magistrate' of the concerned district. Said fixed deposit may be made from any of the banks where the stake of the State is more than 50% or any of the well-established and stable private sector banks. The fixed deposit need not necessarily be made from the peƟƟoner's account.

(c). Such court shall have a lien over the deposit unƟl the case's closure or discharged by subsƟtuƟon, or up to the expiry of the period menƟoned under S. 437-A CrPC, 1973, and at that stage, subject to the proceedings under S. 446 CrPC, the enƟre amount of fixed deposit, less taxes if any, shall be endorsed/returned to the depositor. (d). It shall be the total discreƟon of the peƟƟoner to choose between surety bond and fixed deposit. It shall also be open for the peƟƟoner to apply to the InvesƟgator or the concerned court to subsƟtute the fixed deposit with surety bonds and vice-versa.

(e). On the reverse page of personal bond, the peƟƟoner shall menƟon her/his permanent address along with the phone number, preferably that number which is linked with the AADHAR, and e-mail (if any). In case of any change in the above parƟculars, the peƟƟoner shall immediately and not later than 30 days from such modificaƟon, inƟmate about the change to the concerned police staƟon and the concerned court.

(f). The peƟƟoner is to also execute a bond for aƩendance in the concerned court(s) as and when asked to do so. The presentaƟon of the personal bond shall be deemed acceptance of the declaraƟons made in the bail peƟƟon and all other sƟpulaƟons, terms, and condiƟons of secƟon 438(2) of the Code of Criminal Procedure, 1973, and also of this bail order.

9.

The peƟƟoner to execute a bond for aƩendance in the concerned court. On the reverse page of personal bonds, the peƟƟoner shall menƟon 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 parƟculars, the peƟƟoner shall immediately and not later than 30 days from such modificaƟon, inƟmate about the change to the concerned Police StaƟon and the concerned Court.

10.

The order vide which non-bailable warrants were issued against the peƟƟoner shall remain stayed qua the peƟƟoner, Ɵll 15.04.2023. It is clarified that if the peƟƟoner fails to appear before the concerned court, then this order shall stand recalled automaƟcally under secƟon 362, read with 482 CrPC, without any further reference to this court.

11.

This order is subject to the peƟƟoner(s) deposiƟng a sum of rupees ten thousand, by the above-menƟoned date, in the following account and hand over its receipt to the trial court.

Account Name - HARYANA POLICE WELFARE FUND Account No. - 50100097073807 Account Type - Saving Account Bank Name - HDFC Bank, Sector-8, Panchkula IFSC Code - HDFC000108 12.

It is clarified that Ɵll the Ɵme the peƟƟoner(s) appear before the concerned court, they shall not visit any other place except the home, and in case they want to stay in another place, they shall inƟmate the address of the such place to the concerned SHO by e-mail, by aƩaching the copy of this order. In case of any violaƟon on this account, this order shall stand recalled automaƟcally without any further reference to this court.

13. Any observaƟon made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments.

14.

There would be no need for a cerƟfied copy of this order, and any Advocate for the PeƟƟoner can download this order along with case status from the official web page of this Court and aƩest it to be a true copy. In case the aƩesƟng officer wants to verify the authenƟcity, such an officer can also verify its authenƟcity and may download and use the downloaded copy for aƩesƟng bonds.

PeƟƟon allowed to the extent and subject to the condiƟons menƟoned above. All pending applicaƟons, if any, stand disposed.

Trial be expedited.

(ANOOP CHITKARA) JUDGE 28.03.2023 JyoƟ-II Whether speaking/reasoned:

Yes Whether reportable:

No.