Mahender v. State Of Haryana

CRM-M-49737-2024 #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-49737-2024 Date of decision: 16.10.2024 Mahender ......Petitioner

Versus

State of Haryana .....Respondent CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL

Present:

Ms. Shivya Sehgal, Advocate for the petitioners. Mr. B.S. Virk, Sr. DAG, Haryana.

SANDEEP MOUDGIL, J (ORAL) The jurisdiction of this Court has been invoked under Section 482 Cr.P.C., for seeking quashing/setting aside of the order dated 20.05.2024 passed by learned JMIC, Fatehabad in case FIR No.619 dated 17.11.2017 under Sections 148,149,323,435,506 IPC registered at P.S City Fatehabad vide which the nonbailable warrants has been issued against the petitioner. Learned counsel for the petitioner submits the petitioner could not appear in Court on one date i.e.20.05.2024 due to misunderstanding of the date of hearing. He had no intention to avoid attendance in the Court proceedings otherwise he was appearing regularly on each and every date before the Court. He undertakes that the petitioner will surrender before the trial Court and shall join the trial proceedings without any delay or default in future. Notice of motion.

On the asking of the Court, learned State Counsel accepts notice on behalf of the respondent-State, who is not averse to the undertaking given by the petitioner that he will surrender before the trial Court. Considering the submissions made by learned counsel and also in MANOJ KUMAR 2024.10.19 03:50 I attest to the accuracy and authenticity of this order

CRM-M-49737-2024 #2# appreciation of the fact that it will only speed up the proceedings before the Trial Court which is one of the essence as enshrined under Article 21 of the Constitution of India, the petitioner is directed to surrender before the trial Court within a period of ten days from today and apply for regular bail. In case, such an application for bail is moved by the petitioner before the learned trial Court, the same shall be considered on the same date and decided in accordance with law.

However, it is made clear that in case the petitioner does not abide by the aforesaid undertaking, the respondent/State shall be at liberty to move an appropriate application for revival of the instant petition. The aforesaid order/concession to the petitioner shall be subject to payment of costs of Rs.10,000/- to be deposited with the Punjab and Haryana High Court Bar Association, Chandigarh (Account No.65035682434, IFSC Code: SBIN0050306) and a receipt of the same be produced before the Trial Court and only in that eventuality, application of the petitioner for seeking bail be considered and decided on the same day in accordance with law. It is also made clear that the costs so awarded by this court shall not be construed as a penalty rather it is being imposed because of laxity on the petitioner which has resulted into delay in the trial proceedings and it is indirectly an attempt to create hurdles in the judicial process. The instant petition is disposed of in the aforesaid terms. ( SANDEEP MOUDGIL ) JUDGE 16.10.2024 manoj

1. Whether speaking/ reasoned :

Yes /No

2. Whether reportable :

Yes /No MANOJ KUMAR 2024.10.19 03:50 I attest to the accuracy and authenticity of this order