Gurwinder Singh vs State Of Punjab And Another
2022 Latest Caselaw 2211 P&H

       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

269

                                              CRM-M-5504-2020 (O&M)
                                              Date of decision:29.03.2022


Gurwinder Singh                                              .....Petitioner

                                     Versus

State of Punjab and another                                  .....Respondents



CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN


Present:-   Mr. Amit Dhawan, Advocate,
            for the petitioner.

            Mr. J.P. Ratra, DAG, Punjab.

            ****

ARVIND SINGH SANGWAN, J. (ORAL)

Prayer in this petition is for quashing of order dated 27.10.2014

whereby learned Additional Sessions Judge, Jalandhar declared the petitioner

as proclaimed offender in FIR No.251 dated 28.10.2011, registered under

Sections 323, 379, 148, 149 of Indian Penal Code (Section 308, 325, 506 and

34 IPC was added later on) at Police Station Nakodar, District Jalandhar.

On 10.02.2020, this Court passed the following order:-

"Prayer in this petition is for quashing of order

dated 27.10.2014, passed by the Additional Sessions Judge,

Jalandhar, vide which the petitioner was declared a

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CRM-M-5504-2020 (O&M) -2-

proclaimed offender in case FIR No. 251 dated 28.10.2011,

under Sections 323, 379, 148, 149 of the IPC (Sections 308,

325, 506, 34 of the IPC added later on), registered at

Police Station Nakodar, District Jalandhar.

Learned counsel for the petitioner submits that it is a

case of version and cross-version and the petitioner is an

accused in aforesaid FIR No.251, in which after a full

length trial, his co-accused have already been acquitted by

the trial Court, vide judgment dated 20.04.2015 (Annexure

P-5).

Learned counsel for the petitioner further submits

that even in the cross-version, the co-accused, who had

allegedly caused injuries to the petitioner, have also been

acquitted by the trial Court, vide separate judgment dated

20.04.2015 (Annexure P-6).

Learned counsel for the petitioner, thus, argues that

even if the petitioner is put to trial, there is no possibility of

his conviction, in view of the aforesaid judgments.

Notice of motion for 29.04.2020.

In the meantime, the petitioner is directed to appear

before the trial Court within a period of ten days from

today and on doing so, the trial Court shall release him on

interim bail, subject to his furnishing bail/surety bonds to

its satisfaction and on deposit of Rs. 30,000/- as costs with

the District Legal Services Authority, Jalandhar."

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Learned counsel for the petitioner has placed on record a copy

of the order dated 14.02.2020, vide which in compliance of the order dated

10.02.2020, the petitioner has put in appearance before the trial Court and

released on bail.

The aforesaid fact is not disputed by learned State counsel.

In view of the afore-stated position, the present petition is

allowed. The impugned order dated 27.10.2014 is set aside and the order

dated 10.02.2020 is made absolute.

                                           (ARVIND SINGH SANGWAN)
                                                 JUDGE
29.03.2022
geeta



Whether reasoned/speaking?                 Yes/No
Whether reportable?                        Yes/No




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