AJIT JAIN Vs. UNION TERRITORY, CHANDIGARH

JUDGEMENT

(1.) This petition is filed to quash the order dated 13.1.2000 directing issuance of non-bailable warrants to the petitioner and his father-Jaswant Rai Jain for their appearance.

(2.) The lower Court record has been summoned which shows that the bail has been granted. The case was instituted in the year 1997. The only accused Onkar Singh was on bail and he appeared before the Court on 12.8.1997. On that day the Investigating officer was directed to produce the remaining accused. Thereafter the notices were issued to the other accused including petitioner and his father but they were not served for one reason or another. On 27.11.1998 the Court recorded that the summons issued to the petitioner and other accused were received back with the report that they were not served. On 27.11.1998 bailable warrants against Ajit Jain was issued and Jaswant Rai Jain was summoned for the next date of hearing. On 6.1.1999 the bailable warrants issued against the petitioner was received back with the report that the accused was out of station and the summons sent to Jaswant Rai Jain was received back unserved. Again bailable warrants have been issued for 19.5.1999. He was not served again. On that day, Petitioner was summoned through bailable warrants. Then on 14.8.1999, the petitioner and Jaswant Rai Jain were present and they were granted bail. Thereafter on 15.11.1999 Ajit Jain, petitioner herein and Jaswant Rai Jain were not present. Then the notice was issued and also on 3.12.1999 they were not present. Again notice was issued to them for their appearance for 8.1.2000 on which date also they were not present. On 8.1.2000 the Court adjourned the matter to 13.3.2000. Meanwhile the complainant filed an application for cancellation of bail bonds and for issuance of non-bailable warrants against the accused. Accordingly by impugned order dated 13.1.2000 the petitioner and his father Jaswant Rai Jain were summoned by way of non bailable warrants for 13.3.2000. Thus on 14.1.2000 Jaswant Rai Jain appeared in Court and moved an application for recalling the bailable warrants issued against him. Accordingly, the learned Judicial Magistrate First Class, Chandigarh by his order dated 14.1.2000 recalled the warrants issued to Jaswant Rai Jain and admitted him to bail on executing of bail bonds in a sum of Rs. 6000.00 with one surety. The son of Jaswant Rai Jain namely petitioner filed this petition to set aside the order dated 13.1.2000 summoning him through non bailable warrants.

(3.) The record clearly shows having knowledge of the dates of hearing, the petitioner wantonly absented himself from appearing in Court. When the non- bailable warrants were issued the father of the petitioner namely Jaswant Rai Jain appeared in Court and moved an application for recalling of the warrants whereas the petitioner kept quite and then moved this application for setting aside the issuance of the warrants. A reading of the gimini order, clearly shows that the petitioner is playing hide and seek with the Court and is also trying to protract and delay the proceedings before the trial Court. Such an attitude cannot be permitted. It is always open to the petitioner to approach the learned Magistrate for recalling the non-bailable warrants after giving an undertaking that he will attend the Court on every date of hearing. If the petitioner moves such an application, the learned Magistrate will consider it on merits. In this petition, I am not inclined to interfere with the order of the learned Magistrate since it is the duty of the learned Magistrate to secure the presence of the accused so as to dispose of the matter at early date.