Gurvinmder Singh v. State Ofpb.

CRA-S-281-SB-2005

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRA-S-281-SB-2005 Date of decision: 02.05.2025 Gurvinder Singh ......Appellant(s)

Versus

State of Punjab ......Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Shivam Sharma, Legal Aid Counsel for the appellant.

Ms. Harpreet Kaur, AAG, Haryana.

*** ANOOP CHITKARA J. (Oral) On the last date of hearing, State's counsel had apprised this Court that the appellant has expired and he sought time to produce his death certificate. 2.

Today, State's counsel has produced on record the verification report made by the concerned SHO, Police Station Garhshankar, who has recorded the statement of present Sarpanch, Gram Panchayat Denowal Khurd, Block Garhshankar, Hoshiarpur, to the effect that the appellant had expired about 13 years ago and there is no other member in his family and his house is locked. The aforesaid report is taken on record. 3.

On 12.01.2007, the coordinate Bench had suspended the sentence of the appellant. There is no averment in the appeal qua deposit of fine of Rs.1,00,000/-. 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 12.01.2007 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.

(Anoop Chitkara), Judge 02.05.2025 AK Whether speaking/reasoned:

Yes Whether reportable:

NO.

ASHWANI KUMAR 2025.05.09 11:27 I attest to the accuracy and integrity of this order/judgment Punjab & Haryana High Court, Chandigarh