Dimple vs State Of Haryana And Another
2023 Latest Caselaw 9069 P&H

                                                           Neutral Citation No:=2023:PHHC:082161




CRM-M-30387-2023 (O&M).                    -1-            2023:PHHC:082161




           IN THE HIGH COURT OF PUNJAB & HARYANA
                       AT CHANDIGARH

207
                                 CRM-M-30387-2023 (O&M).
                                 Date of Decision: 16.06.2023.

Dimple
                                                                       ...Petitioner
                           Versus

State of Haryana and another
                                                                  ...Respondents

CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ

Present: Mr. Parminder Singh, Advocate, for the petitioner.

Mr. Pankaj Mulwani, DAG, Haryana.

VINOD S. BHARDWAJ. J (ORAL)

The instant petition has been filed for seeking concession of

regular bail/suspension of sentence in Appeal No.CRA-67 of 2020

instituted on 07.03.2020 titled as 'Dimple Vs. Satish' in which the

application seeking regular bail/suspension of sentence was dismissed by

the Additional Sessions Judge, Karnal vide order dated

03.05.2023/09.05.2023.

Learned counsel for the petitioner contends that the

petitioner was convicted vide judgment dated 07.02.2020 and sentenced

vide order dated 12.02.2020 passed by the Judicial Magistrate First

Class, Karnal in proceedings under Section 138 of the Negotiable

Instruments Act. Additionally, the petitioner was also directed to pay

compensation of Rs.6 lakhs to the complainant within a period of 60

days.

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Aggrieved of the aforesaid judgment of conviction and

order of sentence, the petitioner preferred an appeal before the Sessions

Judge, Karnal. The sentence of the petitioner/appellant was ordered to be

suspended as his health condition was not good. The petitioner remained

admitted in PGI during different periods. He could not appear before the

Appellate Court on 17.12.2021 i.e. the date fixed, due to his above said

health condition and also could not deposit 20% of the said amount. He

was accordingly declared as a proclaimed person vide order dated

17.02.2023.

Learned counsel for the petitioner contends that the

petitioner was not aware that his counsel had already passed away on

21.07.2022 and he came to know about the same only after discharge.

An application for bail was thereafter moved by the petitioner before the

Additional Sessions Judge, Karnal. The same was dismissed vide order

dated 03.05.2023. It is not disputed that the 20% of the amount had not

been deposited by the petitioner and he also absented from the

proceedings for a period of 01 year and 03 months.

Learned counsel for the petitioner further submits that the

pre-deposit of 20% of the amount has already been made by him. He

submits that the petitioner is in custody since 01.05.2023 and that his

failure to appear was on account of intervening circumstances rather

than the willful and intended to delay the pending appeal.

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Learned State counsel do not dispute the above said factual

aspect and confirms that 20% of the amount has already been deposited

by the petitioner. The appeal is still pending before the Appellate Court.

I have heard the learned counsel appearing on behalf of the

respective parties and have gone through the documents available on

record.

Taking into consideration the circumstances as noticed

above and also the fact that the petitioner was sentenced to undergo

rigorous imprisonment for a period of 18 months by the trial Court and

that 20% pre-deposit as ordered by the Appellate Court has already been

deposited, I deem it appropriate to allow the instant petition.

Accordingly, the instant petition is allowed and the petitioner is ordered

released on bail/remaining sentence is ordered to be suspended subject to

his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty

Magistrate concerned.

However, taking into consideration that the petitioner had

absented himself for a period of more than 01 year and 03 months

resulting in delay of the proceedings in the appeal before the Appellate

Court, it is directed that the petitioner shall deposit a cost of Rs.10,000/-

with the District Legal Services Authority, Karnal.

It is made clear that the petitioner shall not extend any threat

and shall not influence any prosecution witness in any manner directly or

indirectly.

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The observation made hereinabove shall not be construed as

an expression on the merits of the case and the trial Court shall decide

the case on the basis of available material.

June 16, 2023                              (VINOD S. BHARDWAJ)
raj arora                                         JUDGE

             Whether speaking/reasoned :             Yes/No
             Whether reportable :                    Yes/No




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