Prem Lal Midha v. State Of Ut, Chd. And ANR.

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision:-24.04.2023 Prem Lal Midha

...Petitioner

Versus

State of U.T. Chandigarh and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Ms. Promila Nain, Advocate and Mr. Amit Thakur, Advocate for the petitioner. Ms. Simsi Dhir Malhotra, APP, UT. Chandigarh **** ANOOP CHITKARA, J.

Complaint Dated Passed by Sections No.

NACT31.03.2011 Chief Judicial Magistrate, Chandigarh 276CC r/w 277, 278, 278B of the Income Tax Act, 1961 7030/2013 1.

Challenging the order whereby the bail bonds and surety bonds of the petitioner were forfeited, vide order dated 02.02.2023, passed by ASJ, Chandigarh , 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.

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.

In para 4, the petitioner mentioned the reasons of non-appearance. 6.

Given above, the petitioner is directed to surrender before the concerned court on or before May 24, 2022. 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 bail bonds of the petitioner were forfeited, all warrants, LOC, and all consequent proceedings in the above mentioned complaint shall remain stayed qua the petitioner, till 24.05.2023. 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 ten thousand (each), by the above-mentioned date, in the following account and hand over its receipt to the trial court.

Account Name -CBI CHANDIGARH WELFARE SOCIETY Account No. - 38044575783 Account Type - Saving Account Bank Name -State Bank of India, Sector 30, Chandigarh IFSC Code -SBIN0001443 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. Trial be expedited.

(ANOOP CHITKARA) JUDGE 24.04.2023 sonia arora Whether speaking/reasoned:

Yes Whether reportable:

No.