Harun Kumar Alias Happy And Another v. State Of Punjab

CRM-M-59438-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M No.59438 of 2024 (O&M) Date of Decision: 28.11.2024 Harun Kumar @ Happy and Another

...Petitioners

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Amandeep Singh Manaise, Advocate with Mr. Ankur Mehta, Advocate for the petitioner(s).

Mr. Jasjit Singh, DAG, Punjab.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 28.12.2023 Sadar Gurdaspur, District Gurdaspur 341, 324, 323, 506, 148, 149, 120-B IPC, 1860 (sections 325 and 326 IPC, 1860 added later on) Seeking quashing of impugned order dated 16.08.2024 passed by the trial Court in FIR captioned above vide which the petitioner(s) have been declared as a proclaimed person, the petitioner(s) have 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 notice is required to be issued to private respondent nor reply is required. Moreover, now matter stands compromised between the parties. 3.

Ld. Counsel for the petitioner(s) contends that the non-appearance was unintentional, without any endeavor to delay the trial, and due to factors beyond the petitioner's control.

4.

The primary object of service is to secure the accused's presence in trial. The petitioner(s) have 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(s). Furthermore, without Sonia Puri 2024.11.29 18:27 I attest to the accuracy and integrity of this document

CRM-M-59438-2024 adjudicating the 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(s), subject to compliance with the conditions mentioned in this order.

5.The petitioner(s) are directed to surrender before the concerned court on or before 09.12.2024 by 11.00 am and file a bail petition and avail legal remedy in accordance with law and trial Court is requested to decide their application for bail on the same day without taking into consideration the impugned order of proclamation but on its own merit.

6.

The petitioner(s) shall not be arrested till 09.12.2024, 5.00 PM and any warrant or LOC issued shall stand stayed till that day. If the petitioner(s) fails to appear before the trial Court on or before 09.12.2024, 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 09.12.2024. This order shall not be construed as bail order. 7.

By the given date, the petitioner(s) shall deposit a sum of rupees five thousand each, 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(s) 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 28.11.2024 Sonia Puri Whether speaking/reasoned: Yes/No Whether reportable:

Yes/No.

Sonia Puri 2024.11.29 18:27 I attest to the accuracy and integrity of this document