Rampak Singh v. State Of Punjab And ORS

CRM-M-47989-2022 --1--

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-47989-2022 Date of decision: 17-10-2022 Rampal Singh ......Petitioner(s) v.

State of Punjab ......Respondents CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: - Mr. Nirmaljeet Singh Sidhu, Advocate for the petitioner.

Mr. Virat Rana, AAG, Punjab.

*** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 7.6.2016 City Rampura, District Bathinda 420 IPC Seeking the quashing/setting aside of order dated 12.7.2022 (Annexure P-2), the petitioner-accused has come up before this court under Section 482 of the Code of Criminal Procedure, 1973 (CrPC).

2.

Petitioner was arraigned as an accused in the above-captioned matter. On failure to appear before the trial Court, the bail granted to him was cancelled and bail /surety bonds were cancelled and non-bailable warrant was issued against him vide order dated 12.07.2022.

3.

The point to which the petitioner wants to draw the attention of this court is that the absence was not willful and was due to factors beyond the petitioner's control, that petitioner inadvertently noted wrong date of hearing, which is the reason for his non-appearance. The State could not dispute the factual matrix at this stage. 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 bona fide 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 ASHWANI KUMAR 2022.10.19 12:33 I attest to the accuracy and integrity of this order/judgment would meet. Furthermore, without adjudicating the maintainability of this petition

CRM-M-47989-2022 --2-- 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.

5.

Given above, the petitioner has made a case on the preponderance of probability that he absence was not willful and was bona fide. 6.

Consequently, the impugned order dated 12.07.2022, passed by learned SDJM, Phul, Annexure P-2, is set aside and the non-bailable warrants issued against the petitioner in the FIR captioned above shall not be enforced for fifteen days, and in case the petitioner complies with this order, then the warrants shall stand recalled. The petitioner is directed to appear before the concerned court within fifteen days. The petitioner shall be at liberty to apply for bail before the trial court, and the concerned court shall release the accused on bail on the same date subject to furnishing bonds of its satisfaction. Suppose the petitioner fails to appear within fifteen days from today, in that case, it might be considered that if released on bail, it may not be feasible to produce the accused to face the trial, and consequently, this order shall be recalled automatically under section 362, read 482 CrPC, without further reference to this court.

7.

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 trial court. "AJIT SINGH POLICE WELFARE FUND"

ACCOUNT NO. 12171450000081, HDFC BANK, SCO 3, SECTOR 15-C, CHANDIGARH- 160015, RTGS/NEFT IFSC: HDFC0001217, Petition allowed subject to the compliance mentioned above. (ANOOP CHITKARA) JUDGE October 17, 2022 AK Whether speaking/reasoned:

Yes Whether reportable:

No ASHWANI KUMAR 2022.10.19 12:33 I attest to the accuracy and integrity of this order/judgment