Harjinder Kumar Alias Happy vs State Of Punjab
2023 Latest Caselaw 20460 P&H

Punjab-Haryana High Court

Harjinder Kumar Alias Happy vs State Of Punjab on 24 November, 2023

Author: Suvir Sehgal

Bench: Suvir Sehgal

                                                      Neutral Citation No:=2023:PHHC:150005




                                                            2023:PHHC:150005
CRM-M-59380-2023                            -1-


         IN THE HIGH COURT OF PUNJAB & HARYANA AT
                       CHANDIGARH

(108)
                                                          CRM-M-59380-2023
                                                  Date of decision:- 24.11.2023

Harjinder Kumar @ Happy                               ... Petitioner
                                      Versus
State of Punjab                                       ... Respondent


CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL

Present:- Mr. Puran Singh Hundal, Senior Advocate with
          Mr. Gursahib Singh Hundal, Advocate
          for the petitioner.
                     ****

SUVIR SEHGAL, J. (ORAL)

1. Instant petition has been filed under Section 438, Cr.P.C. seeking

grant of pre-arrest bail in:-

 FIR      Dated            Police Station                     Sections
 No.
90      28.06.2006 Goraya, District Jalandhar 325, 323, 506, 452, 148, 149
                   (Rural)                    and 323, IPC

2. When confronted with the judgment of the Supreme Court in

Manish Jain Versus Haryana State Pollution Control Board 2020 SCC

Online SC 1101, learned senior counsel submits that the petitioner is

prepared to surrender before the Trial Court and join the proceedings. In all

fairness, he has pointed out that the petitioner has been unsuccessful in a

separate petition, instituted by him, seeking quashing of the PO order. He

submits that the petition was dismissed by taking in account the fact that

the petitioner had gone abroad without permission from the Court. By

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Neutral Citation No:=2023:PHHC:150005

2023:PHHC:150005

inviting the attention of the Court to order dated 20.10.2011, Annexure P-2,

counsel submits that the petitioner had gone to United Kingdom, after

getting the necessary permission from the Court, but he over stayed as he

was given the impression that the trial has concluded. He submits that on

surrender, petitioner intends to move an application for regular bail, which

may be expedited.

3. Request has been considered.

4. In case, the petitioner surrenders before the Area Magistrate/Trial

Court within a fortnight from today, joins the proceedings and moves an

application for grant of bail, Court shall consider his application for bail as

expeditiously as possible preferably within one week of its filing. This shall

be subject to deposit of cost of Rs.40,000/- with the Poor Patient Welfare

Cell, PGIMER, Sector 12, Chandigarh.

5. Petition is disposed of.

                                          (SUVIR SEHGAL)
                                              JUDGE
24.11.2023
Kamal
         Whether Speaking/Reasoned                  Yes/No
         Whether Reportable                         Yes/No

Neutral Citation No:=2023:PHHC:150005

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