Amit Rai vs State Of Haryana And Others
2024 Latest Caselaw 813 P&H

Punjab-Haryana High Court

Amit Rai vs State Of Haryana And Others on 15 January, 2024

REENA

2024:PHHC:004643
126

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Crl. Misc. No. M-57079 of 2023
Date of Decision: January 15, 2024

Amit Rai
desees Petitioner
versus

State of Haryana and others
eee Respondents

CORAM: HON'BLE MR.JUSTICE HARPREET SINGH BRAR

kK

Present:- | Mr. Ashok Kumar Arora, Advocate
for the petitioner

36 2 2

Harpreet Singh Brar, J. (Oral)

1. Learned counsel for the petitioner wishes to withdraw the present petition with liberty to raise all the pleas taken in the present petition before the learned trial Court at the appropriate stage.

2. Learned counsel for the petitioner submits that the petitioner is serving as Inspector in Custom and presently posted in Mumbai. The trial of the case is pending at Gurugram and for attending the trial, great hardship and inconvenience is caused to the petitioner.

3. In view of the facts and circumstances of the case, the aforesaid prayer made by petitioner is allowed. In view of the ratio laid down by this court in CRM-M-25963-2023 titled as 'Suresh Kumar and another Vs. The State of Haryana and another' 2023 (2) Law Herald 1498, the personal appearance of the petitioner before the learned trial Court is ordered to be exempted subject to the

following conditions:-

2024.01.15 17:56 | attest to the accuracy and integrity of this order/ judgment

Chandigarh

2024:PHHC:004643

i) petitioner shall be represented through his counsel;

ii) shall not delay/stall the trial proceedings;

iii) shall not dispute his identity as accused;

iv) shall have no objection if the prosecution evidence is recorded in his absence but in the presence of his counsel;

v) shall appear before the trial Court as and when required; and

vi) any other condition, which the trial Court may impose.

3. The petition is dismissed as withdrawn with the aforementioned

liberty.

(HARPREET SINGH BRAR) JUDGE January 15, 2024

FECRA

Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No

REENA

2024.01.15 17:56

| attest to the accuracy and integrity of this order/ judgment Chandigarh