Lovedeep Singh Alias Deepu v. State Of Punjab

CRM-M-22388-2023 1 2023:PHHC:064357

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-22388-2023 Decided on: 04.05.2023 Lovedeep Singh @ Deepu ...PeƟƟoner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Harmanpreet Singh, Advocate for the peƟƟoner. Mr. Harsimar Singh SiƩa, DAG, Punjab.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police StaƟon SecƟons 23.05.2021 Islamabad, District Police Commisionerate, Amritsar 307, 506, 34 IPC and 25, 27 of Arms Act 1.

Challenging the order of cancellaƟon of bail and issuance of non-bailable warrants, vide order dated 16.01.2023 passed by the learned AddiƟonal Sessions Judge, Amritsar due to the default in appearances before the trial court, the peƟƟoner has come up before this court.

2.

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

3.

Counsel for the peƟƟoner contends that the non-appearance was unintenƟonal, without any endeavor to delay the trial, and due to factors beyond the peƟƟoner's control.

4.

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 also for the reasons menƟoned above, the ends of jusƟce would meet. Furthermore, without adjudicaƟng the maintainability of this peƟƟon under secƟon 482 CrPC and leaving that quesƟon open; 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

CRM-M-22388-2023 2 2023:PHHC:064357 to JusƟce and JusƟce to the guilty. Thus, exercising the inherent powers under secƟon 482 CrPC, this court deems it appropriate to grant the following limited relief to the peƟƟoner, subject to compliance with the condiƟons menƟoned in this order. 5.

In paragraph no. 5 of the peƟƟon, the peƟƟoner menƟoned that due to unavoidable circumstances, he could not appear before the trial Court. 6.

The peƟƟoner is directed to surrender before the concerned court on or before 26.05.2023 . The concerned court shall release the peƟƟoner on bail on the same day , subject to furnishing bail bonds to its saƟsfacƟon and imposing reasonable condiƟons as it may deem appropriate in the background of the accused's conduct. The peƟƟoner is to execute a bond for aƩendance in the concerned court. On the reverse page of personal bonds, the peƟƟoner shall menƟon the permanent address, the address where the peƟƟoner generally resides, the phone number 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. The bail bonds shall remain in force throughout the trial and in SecƟon 437-A of the Cr.P.C. if not canceled due to non-appearance or breach of condiƟons.

7.

The order vide which arrest warrants against the peƟƟoner was issued in the FIR shall remain stayed qua the peƟƟoner, Ɵll 26.05.2023. 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.

8.

By the next date, the peƟƟoner shall deposit a sum of rupees ten thousand 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, 9.

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. 10.

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.

CRM-M-22388-2023 3 2023:PHHC:064357 PeƟƟon allowed to the extent and subject to the condiƟons menƟoned above. All pending applicaƟons, if any, stand disposed.

Trial be expedited. In case, trial Court proceeds against the peƟƟoner under SecƟon 446 Cr.P.C, he shall be at liberty to put forth his point on the issue and trial Court shall provide him paƟence hearing.

(ANOOP CHITKARA) JUDGE 04.05.2023 JyoƟ-II Whether speaking/reasoned:

Yes Whether reportable:

No.