- (1.) By this common order, Criminal Misc. No. M-538 of 2012 preferred by Joga Singh and Criminal Misc. No. M-2896 of 2012 preferred by Rajiv Kumar and Sanjiv Kumar sons of Joga Singh, shall be decided together. Petitioners have been summoned to stand trial in a private complaint.
(2.) This Court on 6.1.2012 in the case of Joga Singh has passed the following order: Learned counsel for the petitioner contends that the petitioner has been summoned to stand trial in a private complaint, therefore, no investigation is called for. Learned counsel further submits that the petitioner was granted interim bail but due to the circumstances beyond his control, he could not cause appearance before the Summoning Court. Issue notice of motion for 23.1.2012. Process dasti. It is ordered that in case the petitioner causes appearance before the Summoning Court on or before 19.1.2012, he shall be released on interim bail.
(3.) Furthermore, this Court on 9.2.2012 in the case of Rajiv Kumar and another has passed the following order: The present petition has been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioners in case arising out of Complaint No. 46 dated 16.3.2005 titled as "Neelam Devi v. Rajiv Kumar and Others" under Sections 323, 382, 506 and 34 IPC, pending in the Court of Judicial Magistrate Ist Class, Gurdaspur. It is an unusual case where the petitioners have taken the Court for a ride for a long. Considering that they have been summoned in a private complaint, they were granted interim pre-arrest bail by the Court of Additional Sessions Judge, Gurdaspur. They were also directed to cause appearance before the Summoning Court on 10.10.2010 but they failed to do so. Thereafter, again the petitioners filed an application and were granted pre-arrest bail vide order dated 5.4.2011, passed by the Court of Additional Sessions Judge, Gurdaspur. They were again directed to appear before the Summoning Court but this time again they failed. In a third attempt made by the petitioners, their application for grant of pre-arrest bail was dismissed vide order dated 20.12.2011 passed by the Court of Additional Sessions Judge, Gurdaspur. Hence, the present petition is before this Court. The Court always take into consideration the fact that the accused has been summoned in a private complaint and no investigation is required, therefore, normally grants bail. But here are the petitioners, who have been negligent and even though a number of opportunities were afforded to them, yet they had not caused appearance before the Summoning Court. The petitioners have coined various excuses when they are scrutinized judicially, they could not stand the test of probability. However, sending the petitioners behind the bars may not serve any cause. Issue notice of motion for 27.2.2012. Since the petitioners have wasted the time and energy of the Courts, they should be fastened with costs. A number of other litigants have been deprived of Courts' time and due attention. Hence, the time has come to impose costs upon the petitioners. In these circumstances, the petitioners are directed to cause appearance before the Summoning Court, on or before 21.2.2012. In the event of their appearance, they shall be released on interim bail subject to deposit of Rs. 10,000 as costs. The costs, so paid, be deposited with the Punjab State Legal Services Authority at Chandigarh, so that the amount can be utilized for legal aid to the poorest of poor.;