Gurwinder Singh v. State Of Punjab

CRM-M-53896-2022

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-53896-2022 Decided on: 21.11.2022 Gurwinder Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Rakesh Kumar, Advocate for the petitioner. Mr. H.S. Sitta, DAG, Punjab.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 03.04.2007 City Kapurthala, Distt. Kapurthala 420, 294 IPC, 13-A of Public Gambling Act 1.

Seeking quashing of above said FIR and order dated 01.07.2009 (Annexure P-3), the petitioner has come up before this court. 2.

After arguing at length, counsel for the petitioner restrict his prayer qua the quashing of the order dated 01.07.2009 (P-3) whereby he was declared as proclaimed offender and seeks time to surrender before the trial Court. 3.

The nature of order this court proposes to pass, no response is required from the respondent.

4.

Ld. Counsel for the petitioner contends that the non-appearance was because he had gone abroad, and thus, was unintentional, without any endeavor to delay the trial, and due to factors beyond the petitioner's control. In para 11 of the petition, it has been mentioned that the co-accused/Mandeep Singh has been released on probation by the trial Court and his case is similar to the co-accused. 5.

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. 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, this court deems it appropriate to grant the following limited relief to the petitioner, subject to compliance with the conditions mentioned in this order. ANJU RANI 2022.11.24 14:06 I attest to the accuracy and integrity of this document

CRM-M-53896-2022 6.

In paragraph no. 7 of the petition the petitioner explains reasons for non appearance.

7.

The petitioner is directed to surrender before the concerned court on or before December 15, 2022. The concerned court shall release the petitioner on bail on the same day, subject to furnishing bail bonds to its satisfaction and imposing reasonable conditions as it may deem appropriate in the background of the accused's conduct. The petitioner is to execute a bond for attendance in the concerned court. On the reverse page of personal bonds, the petitioner shall mention the permanent address, the address where the petitioner generally resides, the phone number linked with the AADHAR card, the other phone numbers (if any), and e-mail (if any). In case of any change in the above particulars, the petitioner shall immediately and not later than 30 days from such modification, intimate about the change to the concerned Police Station and the concerned Court. The bail bonds shall remain in force throughout the trial and in Section 437-A of the Cr.P.C. if not canceled due to non-appearance or breach of conditions.

8.

The order vide which the petitioner was declared a proclaimed offender, all warrants, LOC, and all consequent proceedings in the FIR shall remain stayed qua the petitioner, till Dec 15, 2022. It is clarified that if the petitioner fails to appear before the concerned court, then this order shall stand recalled automatically under section 362, read with 482 CrPC, without any further reference to this court. 9.

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,

10. 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. 11.

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. Liberty reserved to file a separate petition for quashing of the FIR. All pending applications, if any, stand disposed.

Trial be expedited.

(ANOOP CHITKARA) JUDGE 21.11.2022 anju rani Whether speaking/reasoned:

Yes Whether reportable:

No.

ANJU RANI 2022.11.24 14:06 I attest to the accuracy and integrity of this document