Baldev Singh Alias Debi v. State Of Punjab
CRM-M-46820-2024
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M-46820-2024 Decided on: 19.09.2024 Baldev Singh alias Debi
...Petitioner
Versus
State of Punjab
...Respondent
CORAM:
HON'BLE MR. JUSTICE ANOOP CHITKARA
Present:
Mr. Satnam Singh Thakur, Advocate for the petitioner.
Ms. Swati Batra, DAG, Punjab.
**** ANOOP CHITKARA, J.
FIR No.
Dated Police Station Sections 26.05.2021 Shahkot, District Jalandhar 15/61/85 of NDPS Act 1.
Aggrieved by the order dated 16.05.2024, vide which bail bonds and surety bonds of petitioner were cancelled for non-appearance and non-bailable warrants were issued against the petitioner by Judicial Magistrate, Ist Class, Nakodar, the petitioner has come up before this court under section 482 of Code of Criminal Procedure, 1973 (CrPC). 2.
The nature of order this court proposes to pass, no response is required from the respondent.
3.
Petitioner's counsel submits that petitioner was released on bail by Special Court, Jalandhar vide order dated 07.06.2021. Counsel for the petitioner by making reference to para 7 of the petition, contends that the non-appearance was due to the reason that he noted wrong date of hearing and therefore he was unable to appear on 16.05.2024. He further submits that petitioner was appearing before the trial Court regularly prior to that date.
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. ANJU RANI 2024.09.23 09:35 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh
CRM-M-46820-2024 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/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.
The petitioner is directed to surrender before the concerned court on or before 30.09.2024 and avail his legal remedy in accordance with law. 6.
The petitioner shall not be arrested till 10 PM on 30.09.2024, and it is clarified that this order shall stand recalled automatically under section 362, read with 482 CrPC, without any further reference to this court, after 10 AM on 01.10.2024. This order be not construed as bail order. On appearance before the trial Court, order dated 16.05.2024 stand quashed automatically.
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.
Petition allowed to the extent and subject to the conditions mentioned above. All pending applications, if any, stand disposed. (ANOOP CHITKARA) JUDGE 19.09.2024 anju rani Whether speaking/reasoned:
Yes Whether reportable:
No.
ANJU RANI 2024.09.23 09:35 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh