Allowed

Jaskaran Kumar v. State of Punjab

Punjab & Haryana HC10 Sept 2024CRM-M/44989/2024

Case brief

AI extract

What is this about?

The Punjab and Haryana High Court exercised inherent powers under section 528 BNSS to grant petitioner a limited stay on non-bailable warrants, directing appearance on a specified date subject to payment of costs, without adjudicating the maintainability of the petition.

What did the court decide?

Petitioner to appear on 24.09.2024; non-bailable warrants stayed subject to payment of Rs.10,000/- costs; order disposed.

Jaskaran Kumar Vs State of Punjab — Bail and Remand | Punjab & Haryana HC (2024)

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CRM-M No. 44989 of 2024

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128 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M No. 44989 of 2024

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Date of Decision: 10.09.2024

Jaskaran Kumar

...Pe��oner

Versus

State of Punjab …Respondent

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CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

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Present: Mr. Naresh Kumar Jandoli, Advocate for the pe��oner.

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Ms. Swa� Batra, D.A.G., Punjab (through V.C.).

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ANOOP CHITKARA, J.

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Aggrieved by the order of issuance of non-bailable warrants vide order dated 16.05.2024, passed by Addi�onal Sessions Judge, Hoshiarpur due to the default in appearance before the trial court, the pe��oner has come up before this court under sec�on 528 BNSS.

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No�ce served upon the official respondent through State counsel. The nature of order this court proposes to pass, no response is required from the respondent.

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Pe��oner’s counsel submits that the pe��oner was appearing on each and every date before the trial Court which was fixed prior to 16.05.2024, but he was unable to appear on 16.05.2024 as he had noted wrong date of hearing and therefore the non-appearance was not inten�onal.

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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 also 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 528 BNSS and leaving that ques�on open; given the explana�on offered

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Jyoti Sharma 2024.09.12 10:15 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh

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CRM-M No. 44989 of 2024

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by the accused 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. Thus, exercising the inherent powers under sec�on 528 BNSS, 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.

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Counsel for the pe��oner submits that he will be appearing before the concerned Court and �ll then, non-bailable warrants be kept in abeyance and he will take appropriate legal remedies.

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Given above, let the pe��oner appear before the concerned trial Court on 24.09.2024 at 11.00 AM subject to payment of cost(s) of Rs.10,000/- to Poor Pa�ent Welfare Fund, PGIMER, Chandigarh and avail his legal remedies in accordance with law. Till then, there shall be stay on impugned order and any warrants issued pursuant to that. This order shall eclipse on 24.09.2024 at 5.00 P.M. and this order shall not be construed as grant bail to the pe��oner.

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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.

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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.

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Pe��on allowed to the extent and subject to the condi�ons men�oned above. All pending applica�ons, if any, stand disposed.

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(ANOOP CHITKARA) JUDGE

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10.09.2024 Jyo� Sharma

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Whether speaking/reasoned: Yes Whether reportable: No.

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Jyoti Sharma 2024.09.12 10:15 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh

Jaskaran Kumar v. State of Punjab

Case brief

What is this about?

What did the court decide?

Jaskaran Kumar v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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