Rajwinder Singh v. State Of Ut Chandigarh

CRM-M-56233-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M No.56233 of 2024 (O&M) Date of Decision: 26.11.2024 Rajwinder Singh

...Petitioner

Versus

State of U.T. Chandigarh

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Shakti Mehta, Advocate for the petitioner.

Mr. Manish Bansal, P.P. U.T., Chandigarh with Mr. Shubham Mangla, Advocate for the respondent-U.T., Chandigarh.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 21.07.2018 Sector-31, Chandigarh 61/1/14 of Punjab Excise Act, 1914 Seeking quashing of impugned orders dated 20.04.2021 passed by Judicial Magistrate Ist Class, Chandigarh in the FIR captioned above vide which the petitioner has been declared as a proclaimed person, the petitioner has come up before this Court under Section 528 BNSS, 2023.

2.

Notice 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.

Counsel for the petitioner submits that initially petitioner was granted bail and after that he thought that summon/notice will come to him as lock-down was imposed in the State during COVID-19. After that he was declared proclaimed offender. 4.

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 in the petition, the ends of justice would meet, if limited relief is given to the petitioner. Furthermore, without adjudicating the Sonia Puri 2024.11.29 10:40 I attest to the accuracy and integrity of this document

CRM-M-56233-2024 maintainability of this petition under section 528 BNSS, 2023 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 528 BNSS, this court deems it appropriate to grant the following limited relief to the petitioner, subject to compliance with the conditions mentioned in this order.

5.The petitioner is directed to surrender before the concerned court on or before 07.12.2024 by 11. 00 am and file a bail petition and concerned Court shall grant him bail as he was earlier on bail in this case subject to imposing reasonable condition, keeping in view his past conduct.

6.

The petitioner shall not be arrested till 07.12.2024, 5.00 PM and any warrant or LOC issued shall stand stayed till that day. If the petitioner fails to appear before the trial Court on or before 07.12.2024, in that case order shall stand recalled automatically under section 403 read with 528 BNSS, 2023, without any further reference to this court, after 5 PM on 07.12.2024. This order shall not be construed as bail order. 7.

By the given date, the petitioner shall deposit a sum of rupees fifteen thousand, in the account of PGI Poor Patient Welfare Fund, and hand over the receipt to the trial court.

8. 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. 9.

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. All pending applications, if any, stand disposed.

(ANOOP CHITKARA) JUDGE 26.11.2024 Sonia Puri Whether speaking/reasoned: Yes/No Whether reportable:

Yes/No.

Sonia Puri 2024.11.29 10:40 I attest to the accuracy and integrity of this document