Citation : 2023 Latest Caselaw 20762 P&H
Judgement Date : 30 November, 2023
CRM-M-59345-2023 2023:PHHC:152444 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 127 CRM-M-59345-2023 Date of decision: 30.11.2023 PARWINDER SINGH @ PALI ....Petitioner Versus STATE OF PUNJAB ...Respondent CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Present : Mr. Chahit Bansal, Advocate for the petitioner. KULDEEP TIWARI. J.(Oral)
Through the instant petition, quashing of impugned order dated 16.09.2023, passed by learned Judicial Magistrate First Class, Sunam in FIR No.05 dated 28.01.2023, registered under Section 387 IPC and Sections 25(7) (1)/54/59 of Arms Act and Section 207 of M.V Act at Police Station Cheema, District Sangrur, whereby, the petitioner Parwinder Singh @ Pali was declared as proclaimed person.
Learned counsel for the petitioner submits that the petitioner could not appear from 09.05.2023 to 16.09.2023, before the learned trial Court concerned because of serious ailment and because of the said reason he could not contact his counsel, which resulted the learned trial Court concerned to pass the impugned order. Though, he could not point out any illegality in the impugned order. However, he has placed reliance upon the order dated 21.02.2023, Annexure P-3, vide which he was enlarged on regular bail by the learned trial Court concerned. Learned counsel for the petitioner further submits that the
petitioner is ready and willing to join the proceedings before the learned trial
AMANDEEP GOSAIN 2023.11.30 18:39
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CRM-M-59345-2023 2023:PHHC:152444
Court concerned and the petitioner undertakes that he will not remain absent without any reasonable cause from the learned trial Court concerned in future.
Considering the above submissions and circumstances, this Court direct the petitioner to appear before the learned trial Court concerned on 07.12.2023. In case the petitioner appears before the learned trial Court concerned on 07.12.2023, and move a proper application for grant of regular bail before the learned trial Court concerned, the latter shall make every endeavor to decide the bail application, if any, moved, most expeditiously, preferably on the same day. Only till then the arrest of the petitioner shall remain stayed.
In case the petitioner did not cause appearance before the learned trial Court concerned on 07.12.2023, the interim protection granted by this Court shall be vacated, without any further reference to this Court.
Disposed of accordingly.
(KULDEEP TIWARI) 30.11.2023 JUDGE amandeep Whether speaking/reasoned. _: Yes/No Whether Reportable. : Yes/No
AMANDEEP GOSAIN 2023.11.30 18:39
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