Gurjeet Singh Johar v. Jagjit Kumar Jaggi

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Reserved on: 29.03.2023

Pronounced on: 11.04.2023 Gurjeet Singh Johar

...Petitioner

Versus

Jagjit Kumar Jaggi

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Tanmoy Gupta, Advocate for the petitioner. **** ANOOP CHITKARA, J.

Complaint No.NACT-789-2018 dated 05.12.2018 titled as "Jagjit Kumar Jaggi vs. G.S. Johar/Authorized signatory"

CNR No.: PBRO030038732018 Decided on: 06.04.2022 1.

Challenging the order of issuance of non-bailable warrants and proclamation, vide order dated 6-4-2022, passed by JMIC Rupnagar, due to the default in appearances before the trial court, the petitioner has come up before this court. 2.

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

3.

Ld. Counsel for the petitioner contends that the non-appearance was unintentional, without any endeavor to delay the trial, and due to factors beyond the petitioner's control. Even insolvency proceedings have already been initiated. 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. Furthermore, 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. Thus, exercising the inherent powers under section 482 CrPC, 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.

Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner makes a case for protection, subject to the following terms and conditions, which shall be over and above and irrespective of the contents of the form of bail bonds in chapter XXXIII of CrPC, 1973.

6.

The petitioner is directed to surrender before the concerned court on or before April 29, 2023. On appearance, the concerned court shall release the petitioner on bail on the same day, subject to furnishing bail in the following terms and imposing reasonable conditions, as it may deem appropriate in the background of the accused's conduct.

7.

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.

8.

The order vide which the petitioner was declared a proclaimed offender, all warrants, LOC, and all consequent proceedings in the above mentioned FIR shall remain stayed qua the petitioner, till April 29, 2023. It is clarified that if the petitioner fails 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.

9.

This order is subject to the petitioner(s) depositing a sum of rupees five thousand (each), by the above-mentioned date, in the following account and hand over its receipt to the trial court.

Account Name - AJIT SINGH POLICE WELFARE FUND Account No. 12171450000081, HDFC BANK, SCO 3, SECTOR 15-C, CHANDIGARH160015, RTGS/NEFT IFSC: HDFC0001217, 10.

It is clarified that till the time the petitioner(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 intimate the address of the such place to the concerned SHO by e-mail, by attaching the copy of this order. In case of any violation on this account, this order shall stand recalled automatically without any further reference to this court.

11. 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. 12.

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 and subject to the conditions mentioned above. All pending applications, if any, stand disposed. Liberty reserved to seek quashing of proclamation order or/and complaint after complying with this order. (ANOOP CHITKARA) JUDGE 11.04.2023 anju rani Whether speaking/reasoned:

Yes Whether reportable:

No.