Sarita Yadav v. Punjab National Bank

CRM-M No. 53033 of 2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M No. 53033 of 2024 Date of Decision: 23.10.2024 Sarita Yadav ...PeƟƟoner

Versus

Punjab NaƟonal Bank

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Ms. Isha Goyal, Advocate for the peƟƟoner.

**** ANOOP CHITKARA, J.

Case bearing No. NACT/10209/2019 dated 20.03.2019 1.

Aggrieved by the order of issuance of non-bailable warrants vide order dated 15.05.2024, passed by JMFC, Gurugram due to the default in appearance before the trial court, the peƟƟoner has come up before this court under secƟon 528 BNSS, 2023.

2.

PeƟƟoner's counsel submits that the peƟƟoner was appearing on each and every date before the trial Court and on the date on which her bail was cancelled and non-bailable warrants were issued, she has moved an applicaƟon for exempƟon which was declined. The absence was neither intenƟonal nor wilful. 3.

NoƟces served upon the official respondents through the State's counsel. Given the nature of the order that this Court proposes to pass, neither the response of official respondents nor the issuance of noƟces to the private respondents is required. 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 Jyoti Sharma 2024.10.25 17:30 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh

CRM-M No. 53033 of 2024 under secƟon 528 BNSS and leaving that quesƟon open; given the explanaƟon offered 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 she will be appearing before the concerned Court and Ɵll then, non-bailable warrants be kept in abeyance and she will take appropriate legal remedies.

6.

Given above, let the peƟƟoner appear before the concerned trial Court on 05.11.2024 at 11.00 AM subject to payment of cost(s) of Rs.10,000/- to Poor PaƟent Welfare Fund, PGIMER, Chandigarh. Till then, there shall be stay on impugned order and any warrants issued pursuant to that. This order shall eclipse on 05.11.2024 at 5.00 P.M. On her appearance, trial court shall release her on bail on the same day as she was earlier on bail in this case.

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 23.10.2024 JyoƟ Sharma Whether speaking/reasoned:

Yes Whether reportable:

No.

Jyoti Sharma 2024.10.25 17:30 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh