Akashdeep Singh @ Ashu v. State Of Punjab And Another

CRM-M-28105-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-28105-2024 Decided on: 20.08.2024 Akashdeep Singh @ Ashu ...PeƟƟoner

Versus

State of Punjab and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Vivek Singla, Advocate for the peƟƟoner.

Ms. SwaƟ Batra, D.A.G., Punjab.

(through video conferencing).

**** ANOOP CHITKARA, J.

FIR No.

Dated Police StaƟon SecƟons 19.11.2022 Civil Lines, Bathinda 302, 34 IPC and 25, 27, 30, 54, 59 of Arms Act 1.

Challenging the order of proclamaƟon on being declared a proclaimed offender in the FIR capƟoned above, the peƟƟoner has come up before this court under secƟon 482 of Code of Criminal Procedure, 1973 (CrPC).

2.

Counsel for the peƟƟoner has referred to para No. 4 of the peƟƟon and submits that there was miscommunicaƟon between the peƟƟoner and his counsel which led to non-appearance which was not intenƟonal and bonafide. He undertakes to appear before the trial Court on each and every date of hearing. 3.

NoƟce served upon the official respondent through state counsel. The nature of order this court proposes to pass is such that no response is required from the respondent.

4.

State counsel submits that there is no infirmity or illegality in the proclamaƟon order whereas peƟƟoner was duly served.

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 also for the reasons menƟoned above, the ends of jusƟce would meet. JYOTI 2024.08.21 09:43 I attest to the accuracy and integrity of this order/judgment.

CRM-M-28105-2024 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 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. 6.

The peƟƟoner is directed to surrender before the concerned court on or before 27.09.2024 and avail legal remedy in accordance with law. 7.

The peƟƟoner shall not be arrested Ɵll 27.09.2024, 11 AM and it is clarified that this order shall stand recalled automaƟcally under secƟons 482, 362 CrPC and 403 read with 528 BNSS, 2023 without any further reference to this court, aŌer 11 AM on 27.09.2024).

8.

The peƟƟoner shall deposit a sum of rupees ten thousand in the account of Poor PaƟent Welfare Fund, PGIMER, Chandigarh and handed over its receipt to the trial Court.

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.

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

(ANOOP CHITKARA) JUDGE 20.08.2024 JyoƟ-II Whether speaking/reasoned:

Yes Whether reportable:

No.

JYOTI 2024.08.21 09:43 I attest to the accuracy and integrity of this order/judgment.