Vishnu Alias Bhushan Alias Bishnu Dev And ORS v. State Of Punjab





   
 


 



      

   

...Respondent

    
  
 

 
    !     Mr. Kewal Singh, Addl. A.G. Punjab """""

  

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"(/)("4 "! 4 * Mr. Kewal Singh, Addl. A.G. Punjab appears on behalf of State. He pointed out that case is pending since 2020 and the impugned order dated 16.12.2024 clearly indicates that accused were filing application seeking exemption from time to time as a result till date chargesheet has not been framed. There was lapse on the part of present petitioners. Therefore, impugned order dated 16.12.2024 does not require any interference.

4.

I have considered the arguments and have gone through the impugned order dated 16.12.2024 (Annexure P-3) which clearly indicates that every time application seeking exemption was filed on behalf of accused challaned in the said kalandra. This time exemption application was filed by present petitioners. It is rightly pointed out by learned counsel representing State that case is still at initial stage and even chargesheet could not be framed. In light of this, I do not find any irregularity committed by learned Additional Chief Judicial Magistrate, Jalandhar by passing impugned order dated 16.12.2024. Since petitioners are ready to appear before the trial Court on the date fixed, therefore, a lenient view is taken and the impugned order dated 16.12.2024 is set aside subject to the conditions that petitioners will surrender before the trial Court/ Duty Judge

7 on or before the date fixed subject to deposit of Rs.10,000/- each before District Legal Services Authority, Jalandhar and thereafter, be released on bail to the satisfaction of trial Court/Duty Judge concerned. In case petitioners failed to comply with the aforesaid order then trial Court will proceed as per law.

4.

With the aforesaid direction, present petition is, accordingly, disposed of.

 



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