Baljinder Singh @ Garry vs State Of Punjab

Anoop Chitkara, J

FIR No.

Dated

Police Station

Section

127

07.08.2010

Sadar Hoshiarpur, District Hoshiarpur

323, 324, 452, 34 IPC

The Pettionapprehending arrest in the FIR capone d above has come up before this Court under Section 438 CrPC seeking an cipatory bail on the ground that inially he was granted bail and was connuously ap pearing before the Court. At one of the occasions, Naib Court of the concerned Court informed him that his case is over and aer that he choose not to appear before the tr ial Court.

The accused could not be served through the ordinary process, including summons, bailable warrants and proclamaon. The ac cused was proclaimed offender vide order dated 19.01.2015.

The nature of order this court proposes to pass, no response is required from the respondent.

The peoner’s counsel contends that the non-appe arance was unintenonal, without any endeavor to delay the trial, and due to factors beyond the peoner’s control. The Pettionexplains that he did not know the date fixed for the case, not because of any disregard to law but due to lack of communicaon from counsel

The primary object of service is to secure the accused's presence in trial. The Pettionhas approached this court on its own, esta blishing the bonafide at this stage.

Without commenng on the case's merits, and in the facts and circumstances peculiar to this case, and for the reasons menoned above, t he ends of jusce would meet. Furthermore, without adjudicang the maintainabilit y of this peon under section 438 CrPC and leaving that queson open; given the e xplanaon offered by the accused coupled with the facts and circumstances peculiar to this case, a balanced approach would work as an incenve, a catalyst, speeding up the process, and bringing the guilty to Jusce and Jusce to the guilty. Thus, exercisin g the inherent powers under section 482 CrPC, this court deems it appropriate to grant the following limited relief to the peoner, subject to compliance with the condions menoned in this order.

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 pragmac approach is that while granng ba il with surees, the “Court” and the “Arresng Officer” shoul d 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 creang a lien over his bank account. The accused should also have a further opon to switch between the modes. The opon lies with the accused to choose between the s urees and deposits and not with the Court or the arresng offic er.

The Pettionis directed to surrender before the concerned court on or before 10.03.2023. On appearance, the concerned court shall release the Pettionon bail on the same day, subject to furnishing bail in the following terms and imposing reasonable condions, as it may deem appropriate in the backgr ound of the accused’s conduct.

Given above, provided the Pettionis not require d in any other case, the Pettionshall be released on bail in the FIR capo ned above, in the following terms:

(a). Pettionto 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 sasfacon of the concerned court, and in case of non-availability, any nearest Ilaqa Magistrate/duty Magistrate. Before accepng the surety, the concern ed court must sasfy that if the accused fails to appear in court, then such surety can produce the accused before the court.

OR

(b) Pettionto hand over to the concerned court a fixed deposit for Rs. Ten Thousand only (INR 10,000/-), with the clause of automac re newal of the principal and the interest reverng to the linked account, made in fa vor 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 peoner's account.

(c). Such court shall have a lien over the deposit unl the case's closure or discharged by substuon, or up to the expiry of the period me noned under S. 437-A CrPC, 1973, and at that stage, subject to the proceedings under S. 446 CrPC, the enre amount of fixed deposit, less taxes if any, shall be endorsed/returned to the depositor.

(d). It shall be the total discreon of the peone r to choose between surety bond and fixed deposit. It shall also be open for the peone r to apply to the Invesgator or the concerned court to substute the fixed deposit with surety bonds and vice-versa.

(e). On the reverse page of personal bond, the pe oner shall menon 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 parculars, the Pettionshall immediately and not later than 30 days from such modificaon, inmate about the change to the concern ed police staon and the concerned court.

(f). The Pettionis to also execute a bond for ae ndance in the concerned court(s) as and when asked to do so. The presentaon of the per sonal bond shall be deemed acceptance of the declaraons made in the bail pe on and all other spulaons, terms, and condions of section 438(2) of the Code o f Criminal Procedure, 1973, and also of this bail order.

The Pettionto execute a bond for aendance in t he concerned court.On the reverse page of personal bonds, the Pettionshall menon 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 parculars, the Pettionshall immediately an d not later than 30 days from such modificaon, inmate about the change to the concern ed Police Staon and the concerned Court.

The order vide which the Pettionwas declared a proclaimed offender, all warrants, LOC, and all consequent proceedings in the above menoned FIR shall remain stayed qua the peoner, ll 10.03.2023.

It is clarified that if the Pettionfails to appear before the concerned court, then this order shall stand recalled automacally under section 362, read with 482 CrPC, without any further reference to this court.

This order is subject to the peoner(s) deposi ng a sum of rupees ten thousand (each), by the above-menoned date, in the followin g 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,

It is clarified that ll the me the peoner(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 inmate the address of th e such place to the concerned SHO by e-mail, by aaching the copy of this order. In c ase of any violaon on this account, this order shall stand recalled automacally withou t any further reference to this court.

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

There would be no need for a cerfied copy of this o rder, and any Advocate for the Pettion can download this order along with case st atus from the official web page of this Court and aest it to be a true copy. In case the aesng officer wants to verify the authencity, such an officer can also verify its auth encity and may download and use the downloaded copy for aesng bonds.

Pettion allowed to the extent and subject to the con dions menoned above . All pending applicaons, if any, stand disposed.

Trial be expedited.