Ranbir Singh Alias Raja v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Reserved on: 21.09.2022

Pronounced on: 23.09.2022 Ranbir Singh alias Raja

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Iqbal Singh Saggu, Advocate For the petitioner.

Mr. H.S. Sitta, DAG, Punjab.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 28.01.2022 Sadar Tarn Taran, Distt. Tarn Taran 399, 402 IPC ; 21 &22 of NDPS Act and Section 25 of Arms Act 1.

Aggrieved by the dismissal of anticipatory bail pursuant to the cancellation of earlier bail due to the default in appearances before the trial court, the petitioner has come up before this court under section 438 of Code of Criminal Procedure, 1973 (CrPC). On the oral request of the petitioner's counsel, provision of section 482 CrPC is also inserted in this petition, and consequently, this petition shall be treated under 438 read with 482 CrPC.

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 because the petitioner was working at Jamnagar and due to Covid-19 directions, at the relevant time he had quarantined, and thus, was unintentional, without any endeavor to delay the trial, and due to factors beyond the petitioner's control. The Sessions Court did not believe this explanation and dismissed the bail also for the reason that after getting bail, the petitioner did not join the investigation. 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. 6.

The petitioner is directed to surrender before the concerned court on or before Oct 10, 2022 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. The petitioner is to execute a bond for attendance in the concerned court. On the reverse page of personal bonds, the petitioner shall mention the permanent address, the address where the petitioner generally resides, the phone number, and preferable 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. The bail bonds shall remain in force throughout the trial and in Section 437-A of the Cr.P.C. if not canceled due to non-appearance or breach of conditions. 7.

The petitioner shall not be arrested till Oct 10, 2022, 4 PM and it is clarified that if the petitioner appears before the concerned court by this date, then this order shall stand recalled automatically under section 362, read with 482 CrPC, without any further reference to this court.

8.

By the next date, the petitioner shall deposit a sum of rupees ten thousand in the following account and hand over its receipt to the concerned court. "AJIT SINGH POLICE WELFARE FUND"

ACCOUNT NO. 12171450000081, HDFC BANK, SCO 3, SECTOR 15-C, CHANDIGARH- 160015, RTGS/NEFT IFSC: HDFC0001217,

9. 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. 10.

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 23.09.2022 anju rani Whether speaking/reasoned:

Yes Whether reportable:

No.