Jaskaran Kumar v. State Of Punjab

CRM-M No. 44989 of 2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M No. 44989 of 2024 Date of Decision: 10.09.2024 Jaskaran Kumar ...PeƟƟoner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Naresh Kumar Jandoli, Advocate for the peƟƟoner.

Ms. SwaƟ Batra, D.A.G., Punjab (through V.C.). **** ANOOP CHITKARA, J.

1.

Aggrieved by the order of issuance of non-bailable warrants vide order dated 16.05.2024, passed by AddiƟonal Sessions Judge, Hoshiarpur due to the default in appearance before the trial court, the peƟƟoner has come up before this court under secƟon 528 BNSS.

2.

NoƟce 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.

PeƟƟoner's counsel submits that the peƟƟoner was appearing on each and every date before the trial Court which was fixed prior to 16.05.2024, but he was unable to appear on 16.05.2024 as he had noted wrong date of hearing and therefore the non-appearance was not intenƟonal.

4.

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. Furthermore, without adjudicaƟng the maintainability of this peƟƟon under secƟon 528 BNSS and leaving that quesƟon open; given the explanaƟon offered Jyoti Sharma 2024.09.12 10:15 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh

CRM-M No. 44989 of 2024 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 528 BNSS, this court deems it appropriate to grant the following limited relief to the peƟƟoner, subject to compliance with the condiƟons menƟoned in this order.

5.

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

6.

Given above, let the peƟƟoner appear before the concerned trial Court on 24.09.2024 at 11.00 AM subject to payment of cost(s) of Rs.10,000/- to Poor PaƟent Welfare Fund, PGIMER, Chandigarh and avail his legal remedies in accordance with law. Till then, there shall be stay on impugned order and any warrants issued pursuant to that. This order shall eclipse on 24.09.2024 at 5.00 P.M. and this order shall not be construed as grant bail to the peƟƟoner.

7.

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. 8.

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. 9.

PeƟƟon allowed to the extent and subject to the condiƟons menƟoned above. All pending applicaƟons, if any, stand disposed. (ANOOP CHITKARA) JUDGE 10.09.2024 JyoƟ Sharma Whether speaking/reasoned:

Yes Whether reportable:

No.

Jyoti Sharma 2024.09.12 10:15 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh