Jeet Singh Alias Ranjeet Singh Alias Ranjeet Singh Brar v. State Of Punjab

CRM-M No. 48301 of 2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M No. 48301 of 2024 Date of Decision: 26.09.2024 Jeet Singh @ Ranjeet Singh @ Ranjeet Singh Brar ...PeƟƟoner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Armaan Gagneja, Advocate for the peƟƟoner.

Ms. SwaƟ Batra, D.A.G., Punjab.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police StaƟon SecƟons 18.08.2019 City Muktsar, District Sri Muktsar Sahib 306 IPC 1.

Seeking seƫng aside of order dated 04.07.2024 passed by AddiƟonal Sessions Judge in the FIR capƟoned above, the peƟƟoner has come up before this court under secƟon 528 of BNSS, 2023.

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 the peƟƟoner was regularly appearing before the trial Court Ɵll 04.07.2024 on which date, the concerned Court not only cancelled the bail but also issued non-bailable warrants. The absence of the peƟƟoner was neither wilful nor 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 2024.09.27 10:43 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh

CRM-M No. 48301 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.

The peƟƟoner is directed to surrender before the concerned court on or before 05.10.2024 by 11 AM and file a bail peƟƟon. Since the peƟƟoner was earlier granted bail, as such on appearance, the concerned court shall release the peƟƟoner on bail on the same day, subject to furnishing bail bonds to its saƟsfacƟon and imposing reasonable condiƟons as it may deem appropriate in the background of the accused's conduct.

6.

The peƟƟoner shall not be arrested Ɵll 05.10.2024, 11 PM and it is clarified that if the peƟƟoner does not appear before the concerned court by this date, then this order shall stand recalled automaƟcally under secƟon 403 & 528 BNSS, without any further reference to this court.

7.

By the next date, the peƟƟoner shall deposit a sum of Rs.5000/- in the account of PGI Poor PaƟent Welfare Fund and hand over its receipt to the trial Court. 8.

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. 9.

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. 10.

PeƟƟon allowed to the extent and subject to the condiƟons menƟoned above. All pending applicaƟons, if any, stand disposed. (ANOOP CHITKARA) JUDGE 26.09.2024 JyoƟ Sharma Whether speaking/reasoned:

Yes Whether reportable:

No.

Jyoti Sharma 2024.09.27 10:43 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh