Kamaljit Alias Kamoo v. State Of Punjab

CRM-M-40270-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M No.40270 of 2024 (O&M) Date of Decision: 21.08.2024 Kamaljit @ Kammo

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Sangram Singh Saron, Advocate for the petitioner.

Ms. Swati Batra, DAG, Punjab (Through video conferencing).

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 24.10.2023 Sadar Banga, District Shaheed Bhagat Singh Nagar 21 of NDPS, 1985 Seeking quashing of impugned order dated 16.07.2024 passed by Judge Special Court, Shaheed Bhagat Singh Nagar, in the FIR captioned above, the petitioner has come up before this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

2.

Notice served upon the official respondent through State counsel. The nature of order this court proposes to pass, no response is required from the respondent. 3.

Ld. Counsel for the petitioner contends that non-appearance was because of miscommunication about the next date of hearing, and thus, 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 528 BNSS 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 Sonia Puri 2024.08.23 15:46 I attest to the accuracy and integrity of this document

CRM-M-40270-2024 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 528 BNSS 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.

The petitioner is directed to surrender before the concerned court on or before 31.08.2024 by 11 AM and file a bail petition. Since the petitioner was earlier granted bail, as such on appearance, the concerned court shall release the petitioner on bail on the same day, subject to furnishing bail bonds to its satisfaction and imposing reasonable conditions as it may deem appropriate in the background of the accused's conduct.

6.

The petitioner shall not be arrested till 31.08.2024 at 10 PM and it is clarified that if the petitioner does not appear before the concerned court by this date, then this order shall stand recalled automatically under section 403, read with 528 BNSS, without any further reference to this court.

7.

By the next date, the petitioner shall deposit a sum of rupees ten thousand in the account of PGI Poor Patient Welfare Fund and hand over its receipt to the trial court. 8.

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. 9.

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 21.08.2024 Sonia Puri Whether speaking/reasoned: Yes/No Whether reportable:

Yes/No.

Sonia Puri 2024.08.23 15:46 I attest to the accuracy and integrity of this document