Bhara Dass v. State Of Punjab
CRA-S-175-SB-2005
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRA-S-175-SB-2005 (O&M) Date of order: 19.02.2025 Bhara Dass @ Khandi Dass .. Appellant (s)
Versus
State of Punjab ... Respondent (s) CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Ms. Mamta Saini, Legal Aid Counsel for the appellant(s).
Mr. Akshay Kumar, AAG, Punjab.
ANOOP CHITKARA, J.
1.
On the last date of hearing, Legal Aid Counsel had apprised this Court that the appellant is no more and therefore, State was directed to verify this fact. 2.
State's counsel has produced the report of the concerned SHO P.S. Talwandi Sabo, wherein it has been stated that the appellant - Bhara Dass has died on 20.2.2022. The aforesaid report is taken on record. 3.
On 10.3.2025, the coordinate Bench had suspended the sentence of the appellant. There is no averment in the appeal qua deposit of fine of Rs.2,000/-. Although it was not specified that the suspension of sentence included stay of fine or not, but this Court can draw a presumption that the fine was also stayed during the pendency of this appeal. Therefore, the order dated 10.03.2005 would be read as order staying the fine during the pendency of appeal as well. 4.
Therefore, in view of judgment of this Court passed in the case of Bhola @ Ram Dass Vs. State of Haryana etc. in CRA-S-77-SB-1999, the present appeal is disposed of as abated. Surety bonds, if any, furnished, shall stand discharged. The amount of fine, if deposited, be forfeited to the State. In case of non-deposit of fine, there is no need to deposit the same.
ASHWANI KUMAR 2025.02.20 14:52 I attest to the accuracy and integrity of this order/judgment Punjab & Haryana High Court, Chandigarh
CRA-S-175-SB-2005 5.
The Legal Aid Counsel shall be entitled for her fee in accordance with law.
(ANOOP CHITKARA) JUDGE February 19, 2025 AK Whether speaking/reasoned Yes Whether reportable No ASHWANI KUMAR 2025.02.20 14:52 I attest to the accuracy and integrity of this order/judgment Punjab & Haryana High Court, Chandigarh