Punjab-Haryana High Court
Sukhdev Singh @ Sukha vs State Of Punjab on 27 September, 2022
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
216
CRM-14828-2019 IN/AND
CRA-S-4413-SB-2018
Decided on : 27.09.2022
Sukhdev Singh @ Sukha
. . . Appellant(s)
Versus
State of Punjab
. . . Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
PRESENT: Mr. Karan Kalra, Advocate for
Mr. Sandeep Verma, Advocate
for the appellant(s).
Mr. A.S. Sandhu, AAG, Punjab.
****
SANJAY VASHISTH, J. (Oral)
Order dated 25.08.2022, says as under:-
"Custody certificate dated 24.08.2022, filed by learned State
counsel, is taken on record.
Learned counsel for the applicant submits that as per his
information applicant-appellant has expired.
While supporting the submission made by learned counsel for
the applicant-appellant, learned State counsel submits that applicant-
appellant was released on parole for eight weeks on 03.06.2020 and
as per the information received, the applicant has died while on
parole. He seeks time to place on record the death report/certificate
of the applicant-appellant.
May do so, well before the next date of hearing.
Adjourned to 27.09.2022."
In compliance to the order dated 25.08.2022, learned State counsel
has filed the report by way of affidavit of Jasmeet Singh, PPS, Deputy
Superintendent of Police, Sub Division Faridkot, in Court today, which is taken
on record, subject to all just exceptions. Office to tag the same at appropriate
place.
A copy thereof has been handed over to the learned counsel for the
JAWALA RAM appellant.
2022.09.30 13:35
I attest to the accuracy and
authenticity of this order/judgment.
CRM-14828-2019 IN/AND
Learned State counsel points out paragraph No.3 of the aforesaid
report, which says as under:-
"3. That pursuant with the directions of this Hon'ble Court, ASI
Swaran Singh of P.S. City Faridkot has been deputed to verify the
fact of death of appellant/petitioner. The concerned ASI on
11.09.2022 went to the Village Bharoli Bhan at the house of the
petitioner Sukhdev Singh alias Sukha, where his father Rajwant Singh
was present and recorded his statement that his elder son Sukhdev
Singh who was involved in a criminal case under NDPS Act and after
conviction he was confined at Modern Central Jail, Faridkot. He
was released on parole and during his release from confinement, he
had died at his native place. He also produced copy of death
certificate of his son Sukhdev Singh depicted the petitioner has died
on 12-03-2021. Copy of death certificate of Sukhdev Singh and
statement of Rajwant are annexed herewith and marked Annexure: R-
1 and R-2/T."
As is clear from the aforesaid reply that applicant-appellant
Sukhdev Singh @ Sukha has already expired on 12.03.2021 at his native
village, during his parole period and the said fact is also affirmed by learned
counsel for the appellant as well.
Since the main appeal was admitted vide order dated 21.11.2018,
on oral request of learned counsel for the appellant, same is taken on board for
hearing today itself.
Keeping in view the fact that appellant Sukhdev Singh @ Sukha,
has indeed expired on 12.03.2021, which is also affirmed by learned counsel for
the appellant as well as learned State counsel, and there is no one else to contest
on the issue of conviction, the present appeal is ordered to have been abetted.
Pending criminal miscellaneous application(s) are also disposed of,
accordingly.
(SANJAY VASHISTH)
JUDGE
September 27, 2022
J.Ram
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
JAWALA RAM
2022.09.30 13:35
I attest to the accuracy and
authenticity of this order/judgment.
