Virender Singh v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 06.11.2024 Virender Singh

...Petitioner

Versus

State of Haryana

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Baljeet Nain, Advocate for the petitioner.

Mr. Viney Phogat, DAG, Haryana.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 27.03.2019 Kunjpura, District Karnal, Haryana 25 of Arms Act 1.

Aggrieved by order of cancellation of bail and issuance of non-bailable warrants vide order dated 09.05.2023, passed by learned Judicial Magistrate Ist Class/Civil Judge (Jr. Division), Karnal, due to the default in appearances before the trial court, the petitioner has come up before this court under section 528 BNSS 2023. 2.

Counsel for the petitioner submits that earlier the petitioner was granted bail by the trial Court, vide order dated 11.07.2019. After that, he was regularly appearing before the trial Court but due to Covid Pandemic long dates were given in the case and matter not taken up for long time and on 09.05.2023, due to non-appearance, his bail was canceled and non-bailable warrants were issued. 3.

Notice served upon the official respondent through State counsel. The nature of order which this Court proposes to pass, there is no necessity of calling any response from the State.

4.

An analysis of the submissions and the petition would lead to the following outcome. It remains undisputed that when the petitioner got to know about issuance of non-bailable warrants, he took legal remedy and came up before this Court. It also remains undisputed that it never happened that police officials caught him or he tried to run away to avoid an appearance in Court. In such a situation, the petitioner has proved his case by a preponderance of probabilities and has prima facie established that his non-appearance was beyond his control. The petitioner within a short span on his own came before this Court, undertaking to attend the trial, and it is not the police who have been able to arrest.

5.

Let the petitioner attend the trial because the criminal justice system must not hamper and suffer because of the petitioner.

6.

The primary object of the service is to secure the accused's presence at trial. The petitioner approached this court independently, 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 if the impugned proclamation order is quashed qua the petitioner. Thus, exercising the inherent powers under section 528 BNSS, it would be appropriate to grant the following limited relief to the petitioner, subject to the compliance of the conditions mentioned in this order.

7.

The State's counsel submitted that if this Court is granting any concession to the petitioner, it must be subject to some reprimand. The petitioner's counsel declared that if this court imposes reasonable and affordable costs, the petitioner shall deposit the same.

8.

Given above, the petitioner shall deposit Rs. 10,000/-in the Poor Patients Welfare fund, PGIMER, Chandigarh and hand over the receipt of deposit to trial Court by the next date.

9.

The petitioner is directed to surrender before the concerned court on or before 20.11.2024, by 2 PM. On or before this date, if the petitioner files bail application(s), the concerned trial court to grant bail to the petitioner on surrendering before the concerned Court as petitioner was earlier on bail subject to furnishing bail bonds by imposing reasonable conditions deemed appropriate in the background of the accused's

conduct. The petitioner is directed to appear on each date before the trial court and not to delay it.

10.

There shall be a stay of the petitioner's arrest in the case mentioned till 20.11.2024, 2.00 P.M. This stay is subject to the petitioner's surrender, failing which this protection shall also be recalled. It is clarified that if the petitioner appears before the concerned court, then all warrants issued by the concerned court against the petitioner in the matter mentioned above shall automatically stand recalled and canceled. 11.

It is clarified that if the petitioner fails to appear before the concerned court within the time limit mentioned in this order, then this order shall be recalled automatically under section 528 read with 403 of BNSS, 2023, without any further reference to this court.

12.

Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 13.

A certified copy of this order would not be needed, 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. If the concerned court/ officer wants to verify its authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds.

Petition is partly allowed to the extent mentioned above. All pending applications, if any, stand disposed of.

(ANOOP CHITKARA) JUDGE 06.11.2024 anju rani Whether speaking/reasoned:

Yes Whether reportable:

NO.