Salim v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on: 28.05.2024 Salim

...Petitioner

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Vikram Singh, Advocate for the petitioner.

Mr. Vikrant Pamboo, Sr. DAG, Haryana (Through VC). **** ANOOP CHITKARA, J.

Criminal No.NACT/1/2020 under Section 138 of the Negotiable Instruments Act 1881. District Sonepat Complaint 1.

Challenging the order of proclamation on being declared a proclaimed offender, the petitioner has come up before this Court under Section 482 of Code of Criminal Procedure, 1973 (CrPC).

2.

In a prosecution under Section 138 of the Negotiable Instruments Act, 1881, the accused could not be served through the ordinary process, including summons, bailable warrants, and even through non-bailable warrants. The concerned court finally proceeded against the petitioner under section 82 of CrPC and declared the petitioner a proclaimed offender vide order dated 24.01.2024 (Annexure P-25), passed by JMIC Ganaur, District Sonepat.

3.

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

4.

Ld. Counsel for the petitioner contends that the non-appearance was because of ill health of petitioner's sister and the details are mentioned at para 7 of the petition.

5.

A perusal of the petition does not make out any case on merits. However, the criminal justice system must not hamper and suffer because of the petitioner. Thus, the court is restricting the present petition by requesting the concerned trial court to grant of bail on the petitioner's surrendering before the majesty of the concerned court, and reserving liberty to raise the given-up relief in the subsequent petition(s), if the need so arises.

6.

Given above, this court is confining the adjudication of this matter to the extent mentioned herein before, reserving the liberty to the petitioner as mentioned above. 7.

The primary object of service is to secure the accused's presence in trial. The petitioner has approached this court on its own, which establishes 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, in the exercise of its inherent powers under section 482 CrPC, deems it appropriate to grant the limited relief to the petitioner. 8.

The petitioner is directed to surrender before the concerned court on or before 07.06.2024. 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. 9.

There shall be a stay of the petitioner's arrest in the case mentioned above and also on the resultant FIR under section 174-A of IPC till the date of his surrender i.e 07.06.2024. It is clarified that if the petitioner appears before the concerned court, then all warrants issued by the concerned court against the petitioner, in the matter mentioned above shall stand recalled and canceled. It is clarified that if the petitioner fails to appear before the concerned court within time limit mentioned in this order, then this order shall stand recalled automatically under section 362 read with 482 CrPC, without any furtherance reference to this court. 10.

Petitioner shall deposit a sum of rupees five thousand in the account of Poor Patient Welfare Fund, PGIMER, Chandigarh and hand over its receipt to the trial 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. (ANOOP CHITKARA) JUDGE 28.05.2024 anju rani Whether speaking/reasoned:

Yes Whether reportable:

No.