Mukesh vs State Of Haryana
2022 Latest Caselaw 17574 P&H

CRM-M-58679 of 2022                                             {1}


            IN THE HIGH COURT OF PUNJAB & HARYANA
                       AT CHANDIGARH

138                                       CRM-M-58679 of 2022
                                          Date of decision:22.12.2022

Mukesh                                         ... Petitioner

                           Vs.

State of Haryana                               ... Respondent

CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL

Present:-    Mr. G.C.Shahpuri, Advocate
             for the petitioner.

SUVIR SEHGAL, J. (Oral)

Instant petition has been filed under Section 482 Cr.P.C., for

quashing of order dated 23.08.2022 (Annexure P-4), vide which bail bonds

were cancelled, forfeited to the State and warrants of arrest have been issued

in case FIR No.65 dated 01.03.2012 registered under Sections 354, 451, 506

IPC at Police Station City Jagadhari, District Yamuna Nagar (Annexure

P-1).

Counsel for the petitioner submits that petitioner has been

convicted for offences under Sections 451, 354, IPC, vide judgment dated

21.03.2017 (Annexure P-2), which is under challenge in appeal. He submits

that due to default in appearance of the petitioner before the Appellate

Court, vide impugned order, bail bonds were cancelled and presence of the

petitioner was ordered to be secured through warrants of arrest. In

compliance of the previous order passed by this Court, counsel has placed

on record the print out of the order dated 31.10.2022 passed by the

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CRM-M-58679 of 2022 {2}

Appellate Court to submit that petitioner's father, who had stood surety, has

appeared before the Court. Counsel submits that petitioner, who is serving

as Hawaldar with the Indian Army, could not appear because he had not

been granted leave and he had been transferred from Sikkim to Kargil. He

submits that the petitioner is now on leave and will join the proceedings

within a period of three days from today.

Notice of motion.

On asking of the Court, Ms. Mahima Yashpal, DAG, Haryana

accepts notice on behalf of respondent-State.

Heard counsel for the parties.

In case petitioner appears before the Appellate Court, joins the

proceedings within one week from today and moves an appropriate

application, Appellate Court shall consider it and pass orders keeping in

view the background noticed above.

Petition is disposed of.

                                                      (SUVIR SEHGAL)
December 22, 2022                                         JUDGE
savita

Whether Speaking/Reasoned                                  Yes
Whether Reportable                                        Yes/No




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