High Court Punjab-Haryana High Court

Maninder Singh vs State Of Punjab And Another on 3 September, 2009

Punjab-Haryana High Court
Maninder Singh vs State Of Punjab And Another on 3 September, 2009
CRM-M 16104 of 2009             -1-


IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH

                                      CRM No.29480 of 2009 in
                                      CRM-M 16104 of 2009

                                      Date of Decision: 3.9.2009


Maninder Singh
                                                   ..Petitioner.

Vs.

State of Punjab and another
                                                   ..Respondents.

CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN

Present : Mr.Hemant Saini, Advocate for the petitioner.

Mr.Ranbir Singh Rawat, AAG Punjab for the State/respondent.

Mr.Ajay Kaushik Advocate for respondent No.2.

RAKESH KUMAR JAIN, J.(Oral)

CRM No.29480 of 2009

Allowed as prayed for.

Main Case

This is a petition under Section 482 of the Code of Criminal

Procedure, 1973 (for short `Cr.P.C.’) read with Section 438 Cr.P.C. seeking

quashing of the order (Annexure P-6) dated 10.10.2008 vide which non-

bailable warrants have been issued against the petitioner and order dated

24.2.2009 (Annexure P-8) whereby the petitioner has been summoned

through proclamation issued under Sections 82/83 of Cr.P.C. for 31.3.2009.

The petitioner has also prayed for bail during the pendency of the petition.

Brief facts of the case are that the petitioner is an accused in

case which is being tried by Special Court, CBI Punjab, Patiala in CC No.5
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of 31.3.2004 titled as “CBI Versus O.P.Mahna” registered under Sections

409, 420, 467, 468, 471/120-B IPC and 13(1)(d) read with Section 13(2) of

Prevention of Corruption Act, 1988. In the aforesaid case, the petitioner was

on bail. On 10.10.2008 the Special Court, CBI Punjab, Patiala passed the

following order :

“As regards accused Maninder Singh, he is absent

without intimation. A perusal of record goes to show that he

has not been appearing in this case regularly and has been

seeking exemptions from personal appearance frequently for

one reason or the other. On last date of hearing also i.e.

19.9.2008, he had not appeared and an application seeking his

exemption from personal appearance was filed through Counsel

Sh.Ranjan Gupta, Advocate on the plea that he was unable to

attend the Court due to non-availability/non-reservation of

ticket from Chennai to Patiala by train. Such ground was not

found to be convincing and genuine. Nevertheless, since father

of such accused Pritam Singh had appeared and make a

statement that he would cause appearance of accused on next

date of hearing i.e. for today the application was allowed

making it clear that such type of application in future would be

doomed for failure and appropriate action including issuance of

non-bailable warrants of arrest and initiating proceedings under

Section 446 Cr.P.C. would be taken. A perusal of the file goes

to show that presence of this accused was secured with great

difficulty in as much as non-bailable warrants of arrest had to

be issued. He appeared in the Court on 1.2.2005, when the
CRM-M 16104 of 2009 -3-

challan had been filed on 31.3.2004. In that way he appeared

after about eleven months of filing the challan. The interim

orders reveal that he has been seeking exemptions from

personal appearance for one reason or the other. He is clearly

misusing the process of law and his conduct cannot be

appreciated. His non appearance in the Court despite of specific

direction issued in that regard on last date of hearing i.e.

19.9.2008 clearly goes to show that he has little respect for the

Court and he does not care for the directions issued by the

Court. Sh.Ranjan Gupta, Advocate states that he is not to file

any application in this case.

Under the circumstances, his bail bonds cancelled and

forfeited to the State. Let he be summoned through Non-

bailable warrants of arrest with notice to Surety and attesting

witness for next date of hearing i.e. 31.10.2008. Due to this

very reason, statements of PWs Gian Chand Miglani and

Harwinder Singh Bedi could not be recorded. They are

discharged for the time being. Ahlmad is directed to issue non-

bailable warrants of arrest against Maninder Singh accused. A

notice to his surety and attesting witness today itself be handed

over to Shri R.M.Khushwaha, Senior Public Prosecutor, who is

to ensure that the non-bailable warrants of arrest are executed

and notices are served well before the next date.”

On 24.2.2009, the following order was passed:

“Non bailable warrants of arrest issued against accused

Maninder Singh received back unexecuted. His surety Hari
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Narayan, who has appeared in the Court on last date of hearing

i.e. on 20.1.2009 and had stated that he would give necessary

information in the Court, he is also not turned up. A perusal of

file goes to show that accused Maninder Singh absented from

the Court without any intimation on 10.10.2008 and inspite of

issuance of non bailable warrants of arrest repeatedly, he has

not been arrested till date. Under the circumstances I am

satisfied that he has absconded and is concealing himself, so

that warrants of arrest are not executed against him and there

are no prospects of his immediate arrest. Therefore, let he be

summoned through proclamation under section 82, 83 Cr.P.C.

for 31.3.2009. List of properties of such accused be furnished

so that warrants of attachment can be issued.”

Counsel for the petitioner has submitted that the petitioner was

in prison on 4.5.2008 as per the remand warrant of Additional Chief

Metropolitan Magistrate Egmore, Chennai under Section 135 of Customs

Act, 1962 RR No.17/2008, F.N.VIII/48/B/2008-DRI and he was taken as

cofeposa detenue on 4.6.2008 as per the order of the Govt. of Tamilnadu in

GO No.SRI/350-2/2008 public (SC) department dated 4.6.2008. It is further

submitted by him that a habeas corpus petition was filed by the petitioner

against State of Tamilnadu and Union of India as well as against

Superintendent of Central Prison, Central Prison, Puzhal, Chennai. The said

writ petition was allowed by Division Bench of High Court of Madras on

31.3.2009 and order of detention was set aside. The petitioner was ordered

to be set at liberty forthwith in case his detention is not required in any other

case. On 1.7.2009 by virtue of CRM M-30698 of 2009, the petitioner has
CRM-M 16104 of 2009 -5-

placed on record custody certificate (Annexure P-9). In the main case,

counsel for respondent No.2 (CBI) made a prayer for short adjournment to

verify the factual position as mentioned in the custody certificate (Annexure

P-9). This Court stayed the arrest of the petitioner, till the next date of

hearing i.e. 31.3.2009.

Sh.Ajay Kaushik, learned counsel appearing on behalf of CBI

has placed on record a copy of letter by R Nandagopal, Sub Inspector of

Police, CBI/ACB/Chennai dated 16.7.2009 who was deputed by the

respondent-CBI to verify the genuineness of the document (Annexure P-9).

He has stated thereunder:

“As per the orders of SP/CBI/ACB/Chennai, I proceeded

to Central Prison-II, Puzhal, Chennai-66 and I contacted

Sh.Thomas PA to Superintendent of Central Prison-II, Puzhal,

Chennai and enquired about the certificate bearing letter

No.7706/R6/2008 issued from the O/o the Superintendent,

Central Prison-II, Puzhal, Chennai-66 dated 24.6.2009 of

Sh.Maninder Singh s/o Pritam Singh. He stated that the

certificate issued to Sh.Maninder Singh s/o Pritam Singh is

genuine and same as verified their office records and certified

the same. In this regard, the original certified copy is enclosed.”

As a matter of fact, counsel for CBI has accepted that in view

of the aforesaid custody certificate (Annexure P-9) which has been found to

be genuine in the investigation and has been verified at the instance of CBI,

order dated 10.10.2008 vide which his bail bonds were cancelled for non

appearance, should not survive. Similarly order dated 24.2.2009 vide which

he was proceeded to be declared as proclaimed offender also deserves to be
CRM-M 16104 of 2009 -6-

set aside because the petitioner was in prison from 4.5.2008 to 3.4.2009,

which has been found to be illegal by the Division Bench of Madras High

Court and as such, he could not have appeared before Special Judge when

the case was taken up on 10.10.2008 and 24.2.2009.

In view of the above, the present petition is allowed.

Consequently, orders Annexure P-6 and Annexure P-8 are set aside. Since

arrest of the petitioner has already been stayed by this Court on 1.7.2009,

the petitioner is directed to put in appearance before Special Court CBI at

Patiala where his bail bonds shall be accepted to the satisfaction of the

Court.




                                         (Rakesh Kumar Jain)
3.9.2009                                       Judge
Meenu