Deepak Pahuja v. State Of U.T. Chandigarh
CRM-37781-2025 in CRM-37782-2025 in/and
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH **** CRM-37781-2025 in CRM-37782-2025 in/and CRM-M-2100-2022 Deepak Pahuja
...Petitioner
VERSUS
State of UT Chandigarh
...Respondent
Date of Decision : 23.09.2025
CORAM:
HON'BLE MS. JUSTICE AARADHNA SAWHNEY
Present:
Mr. Manjot Gujral, Advocate for the petitioner. (through V.C) Mr. Ankur Bali, Addl. Public Prosecutor, UT, Chandigarh. **** AARADHNA SAWHNEY, J. (ORAL) CRM-37781-2025 By virtue of this application under Section 528 BNSS, 2023, petitioner prays for preponing the date of hearing in the main case from 26.11.2025, on the ground that he wishes to withdraw the main case due to change of circumstances.
For the reasons mentioned in the application, the same is allowed, the date of hearing in the main case i.e. CRM-M-2100-2022 is preponed and the same is taken on board today itself.
CRM-37782-2025 in/and CRM-M-2100-2022 By virtue of this application under Section 528 BNSS, 2023, filed by the applicant-petitioner, prayer is made for granting permission to withdraw the main case i.e. CRM-M-2100-2022.
A perusal of the documents on record reveal that the petitioner was convicted under Section 61(1)(a) proviso (vii) of the Punjab Excise Act, 1914. He was sentenced to undergo RI for six months along with fine of Rs.1 lac vide judgment and order of quantum of sentence dated 24.11.2021 passed by learned JMIC, Chandigarh.
Said judgment was assailed before the learned First Appellate Court. Learned First Appellate Court while admitting the appeal, passed the following MANOJ KUMAR 2025.09.26 05:10 I attest to the accuracy and authenticity of this order order on 20.12.2021:
CRM-37781-2025 in CRM-37782-2025 in/and "File put up before me as Sh. Narender, Ld. Addl. Sessions Judge, Chandigarh is on leave today. Criminal appeal received by assignment with the concerned court. Heard. Arguable points are involved in the appeal. Therefore, the appeal is admitted for hearing. It be checked and registered. Notice of the appeal and application u/s 391 r/w 311 Cr.P.C be issued to the respondent for 08.04.2022.
Heard on the application moved by appellant for suspension of sentence. Since the appeal has been admitted and will take some time to determine, it is ordered that during the pendency of the appeal, substantive sentence awarded by Ld. Trial Magistrate will remain suspended subject to appellant furnishing bail bonds in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of Ld. Trial Court/Duty Magistrate and deposit the imposed fine within 15 days from today. Bail bonds, if any, be remitted to this court. Let a copy of this order be sent to ld. Trial Court. Lower Court record be summoned for that date. File be sent back to concerned court." Feeling dissatisfied, petitioner preferred the main petition bearing CRM-M-2100-2022 averring therein that he belongs to economically weaker section, and does not possess the requisite financial resources to deposit the fine amount of Rs.1 lac.
Learned counsel for the petitioner submits that the petitioner is now willing to deposit the fine amount and thus he wishes to withdraw the present main petition.
Prayer is accepted.
Main petition i.e. CRM-M-2100-2022 is hereby dismissed as withdrawn.
(AARADHNA SAWHNEY) JUDGE 23.09.2025 manoj MANOJ KUMAR 2025.09.26 05:10 I attest to the accuracy and authenticity of this order Whether Speaking/reasoned Yes/No Whether Reportable Yes/No