Narinder Kaur v. State Of Punjab

CRM-M No. 41299 of 2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No. 41299 of 2024 Date of Decision: 04.12.2024 Narinder Kaur

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Amandeep Singh Manaise, Advocate for the petitioner.

Mr. Akshay Kumar, A.A.G., Punjab.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 11.12.2021 Sadar Batala, Police District Batala 420, 120-B IPC 1.

Aggrieved by the order of issuance of non-bailable warrants vide order dated 03.04.2024 in the FIR captioned above, passed by JMIC, Batala due to the default in appearance before the trial court, the petitioner has come up before this court under section 528 BNSS.

2.

Petitioner's counsel submits that the petitioner was granted anticipatory bail vide order dated 08.08.2022 and the petitioner was appearing on each and every date till 03.04.2024. On 03.04.2024, the petitioner could not appear due to wrong noting of date. The absence was neither intentional nor wilful. 3.

State counsel has filed short reply by way of affidavit which is taken on record. A copy thereof has been supplied to counsel for the petitioner. 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 Jyoti Sharma 2024.12.05 19:34 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh

CRM-M No. 41299 of 2024 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 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, 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.

Counsel for the petitioner submits that she will be appearing before the concerned Court and till then, non-bailable warrants be kept in abeyance and she will take appropriate legal remedies.

6.

Given above, let the petitioner appear before the concerned trial Court on 10.12.2024 at 11.00 AM subject to payment of cost(s) of Rs.10,000/- to Poor Patient Welfare Fund, PGIMER, Chandigarh. Till then, there shall be stay on impugned order and any warrants issued pursuant to that. This order shall eclipse on 10.12.2024 at 5.00 P.M. On her appearance, trial court shall release the petitioner on bail on the same day as she was earlier on bail on furnishing usual bonds to its satisfaction. 7.

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. 8.

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. 9.

Petition allowed to the extent and subject to the conditions mentioned above. All pending applications, if any, stand disposed. (ANOOP CHITKARA) JUDGE 04.12.2024 Jyoti Sharma Whether speaking/reasoned:

Yes Whether reportable:

No.

Jyoti Sharma 2024.12.05 19:34 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh