Punjab-Haryana High Court
Tehal Singh vs State Of Punjab on 17 April, 2023
Author: Anoop Chitkara
Bench: Anoop Chitkara
CRM-M-18435-2023 2023:PHHC:052465
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
110 CRM-M-18435-2023
Date of Decision: 17.04.2023
Tehal Singh ...Pe oner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Gaurav Sharma, Advocate for the pe oner.
Mr. Harsimar Singh Si a, DAG, Punjab.
****
ANOOP CHITKARA, J.
FIR No. Dated Police Sta on Sec ons
134 16.09.2020 Dhanaula, District 307, 323, 325, 341, 148, 149
Barnala IPC
1. The pe oner apprehending arrest in the FIR cap oned above has come up
before this Court under Sec on 438 CrPC seeking an cipatory bail.
2. Counsel for the pe oner submits that the pe oner was on regular bail and was regularly appearing before the trial Court on each and every date. On 02.09.2022 the pe oner could not appear because he was at Kolkata as his maternal aunt (massi) fell down in the bathroom and she got fractured in the bone (choola). He further submits that the absence of the pe oner was neither inten onal nor wilful.
3. The nature of order this court proposes to pass, no response is required from the respondent.
4. The pe oner's counsel contends that the non-appearance was uninten onal, without any endeavor to delay the trial, and due to factors beyond the pe oner's control.
5. The primary object of service is to secure the accused's presence in trial. The pe oner has approached this court on its own, establishing the bonafide at this stage. Without commen ng on the case's merits, and in the facts and circumstances peculiar to this case, and for the reasons men oned above, the ends of jus ce would meet. Furthermore, without adjudica ng the maintainability of this pe on under sec on 438 CrPC and leaving that ques on open; given the explana on offered by the accused JYOTI 2023.04.18 09:09 I attest to the accuracy and integrity of this order/judgment.
1CRM-M-18435-2023 2023:PHHC:052465 coupled with the facts and circumstances peculiar to this case, a balanced approach would work as an incen ve, a catalyst, speeding up the process, and bringing the guilty to Jus ce and Jus ce to the guilty. This court deems it appropriate to grant the following limited relief to the pe oner, subject to compliance with the condi ons men oned in this order.
6. In Mahidul Sheikh v. State of Haryana, CRM-33030-2021 in CRA-S-363-2020, decided on 14-01-2022, Para 53, [Law Finder Doc Id # 1933969], this Court observed, [53]. The pragma c approach is that while gran ng bail with sure es, the "Court" and the "Arres ng Officer" should give a choice to the accused to either furnish surety bonds or to handover a fixed deposit, or direct electronic money transfer where such facility is available, or crea ng a lien over his bank account. The accused should also have a further op on to switch between the modes. The op on lies with the accused to choose between the sure es and deposits and not with the Court or the arres ng officer.
7. The pe oner is directed to surrender before the concerned court on or before 30.04.2023. On appearance, the concerned court shall release the pe oner on bail on the same day, subject to furnishing bail in the following terms and imposing reasonable condi ons, as it may deem appropriate in the background of the accused's conduct.
8. Given above, provided the pe oner is not required in any other case, the pe oner shall be released on bail in the FIR cap oned above, in the following terms:
(a). Pe oner to furnish personal bond of Rs. Ten thousand (INR 10,000/-); AND
(b) To give one surety of Rs. Twenty-five thousand (INR 25,000/-), to the sa sfac on of the concerned court, and in case of non-availability, any nearest Ilaqa Magistrate/duty Magistrate. Before accep ng the surety, the concerned court must sa sfy that if the accused fails to appear in court, then such surety can produce the accused before the court.
OR
(b) Pe oner to hand over to the concerned court a fixed deposit for Rs. Ten Thousand only (INR 10,000/-), with the clause of automa c renewal of the principal and the interest rever ng to the linked account, made in favor of the 'Chief Judicial Magistrate' of the concerned district. Said fixed deposit may be made from any of the banks where the stake of the State is more than 50% or any of the well-established and stable private sector banks. The fixed deposit need not necessarily be made from the pe oner's account.
(c). Such court shall have a lien over the deposit un l the case's closure or discharged by subs tu on, or up to the expiry of the period men oned under S. 437-A CrPC, 1973, and at that stage, subject to the proceedings under S. 446 CrPC, the en re amount of fixed deposit, less taxes if any, shall be endorsed/returned to the depositor.
(d). It shall be the total discre on of the pe oner to choose between surety bond and fixed deposit. It shall also be open for the pe oner to apply to the Inves gator or the concerned court to subs tute the fixed deposit with surety bonds and vice-versa.
JYOTI 2023.04.18 09:09 I attest to the accuracy andintegrity of this order/judgment.
2CRM-M-18435-2023 2023:PHHC:052465
(e). On the reverse page of personal bond, the pe oner shall men on her/his permanent address along with the phone number, preferably that number which is linked with the AADHAR, and e-mail (if any). In case of any change in the above par culars, the pe oner shall immediately and not later than 30 days from such modifica on, in mate about the change to the concerned police sta on and the concerned court.
(f). The pe oner is to also execute a bond for a endance in the concerned court(s) as and when asked to do so. The presenta on of the personal bond shall be deemed acceptance of the declara ons made in the bail pe on and all other s pula ons, terms, and condi ons of sec on 438(2) of the Code of Criminal Procedure, 1973, and also of this bail order.
9. The pe oner to execute a bond for a endance in the concerned court.On the reverse page of personal bonds, the pe oner shall men on the permanent address, along with the phone number preferably that number which is linked with the AADHAR card, the other phone numbers (if any), and e-mail (if any). In case of any change in the above par culars, the pe oner shall immediately and not later than 30 days from such modifica on, in mate about the change to the concerned Police Sta on and the concerned Court.
10. The order vide which non-bailable warrants were issued and all consequent proceedings in the above men oned FIR shall remain stayed qua the pe oner, ll 30.04.2023. It is clarified that if the pe oner fails to appear before the concerned court, then this order shall stand recalled automa cally under sec on 362, read with 482 CrPC, without any further reference to this court.
11. This order is subject to the pe oner(s) deposi ng a sum of rupees ten thousand by the above-men oned date, in the following account and hand over its receipt to the trial court.
Account Name - AJIT SINGH POLICE WELFARE FUND Account No. 12171450000081, HDFC BANK, SCO 3, SECTOR 15-C, CHANDIGARH-
160015, RTGS/NEFT IFSC: HDFC0001217,
12. It is clarified that ll the me the pe oner(s) appear before the concerned court, they shall not visit any other place except the home, and in case they want to stay in another place, they shall in mate the address of the such place to the concerned SHO by e-mail, by a aching the copy of this order. In case of any viola on on this account, this order shall stand recalled automa cally without any further reference to this court.
13. Any observa on made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments.
JYOTI 2023.04.18 09:09 I attest to the accuracy andintegrity of this order/judgment.
3CRM-M-18435-2023 2023:PHHC:052465
14. There would be no need for a cer fied copy of this order, and any Advocate for the Pe oner can download this order along with case status from the official web page of this Court and a est it to be a true copy. In case the a es ng officer wants to verify the authen city, such an officer can also verify its authen city and may download and use the downloaded copy for a es ng bonds.
Pe on allowed to the extent and subject to the condi ons men oned above. All pending applica ons, if any, stand disposed.
Trial be expedited.
(ANOOP CHITKARA)
JUDGE
17.04.2023
Jyo -II
Whether speaking/reasoned: Yes
Whether reportable: No.
JYOTI
2023.04.18 09:09
I attest to the accuracy and
integrity of this order/judgment.
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