Hardeep Singh v. State Of Punjab

CRM-M No. 8213 of 2020 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M No. 8213 of 2020

Reserved on: 28.08.2023

Pronounced on: 18.09.2023 Hardeep Singh ......PeƟƟoner Vs.

State of Punjab ......Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Agam Jund, Advocate, for the peƟƟoner.

Mr. Karunesh Kaushal, AAG, Punjab.

*** ANOOP CHITKARA J.

FIR No.

Dated Police StaƟon SecƟons 31.12.2018 Vigilance Bureau, FS, 409, 420, 467, 468, 471, 120-B IPC Mohali, Punjab and SecƟon 13 (1) (A) read with SecƟon 13 (2) of PrevenƟon of CorrupƟon Act, 1988.

Seeking quashing of proclamaƟon order dated 21.01.2020 (Annexure P-17), the peƟƟoner had come up before this Court under SecƟon 482 Cr.P.C by filing the present peƟƟon in February, 2020.

2.

The peƟƟoner's stand is menƟoned in paragraphs 8 and 9, he claims that aŌer coming to know of the registraƟon of FIR, he had filed an applicaƟon for anƟcipatory bail before this Court. During the pendency of the bail applicaƟon, the peƟƟoner was declared proclaimed offender on 21.01.2020. He submits that once the peƟƟoner's bail was pending would show his intenƟon not to abscond, it was not that his bail was dismissed. He further submits that peƟƟoner also filed an applicaƟon not to declare peƟƟoner as proclaimed person but trial Court declared him proclaimed offender. PeƟƟoner's counsel further submits the peƟƟoner is ready to join proceedings. JYOTI 2023.09.18 14:09 I attest to the accuracy and integrity of this order/judgment.

CRM-M No. 8213 of 2020 -23.

It remains undisputed that the peƟƟoner was declared proclaimed offender when his bail was pending which was later on withdrawn by him. 4.

Perusal of the order passed by the Co-ordinate Bench of this Court reflects that invesƟgaƟon is sƟll pending and peƟƟoner is enjoying stay on his arrest and also not co-operaƟng with the invesƟgator.

5.

I have heard counsel for the parƟes and gone through the record. 6.

Perusal of the record reflects that the peƟƟon for bail filed by peƟƟoner under SecƟon 438 Cr.P.C dismissed on 23.01.2019 by the Sessions Court, later on applicaƟon for bail filed before this Court and same was withdrawn on 23.11.2021. AŌer that, the co-ordinate Bench of this Court stayed the arrest of the peƟƟoner vide order dated 08.07.2022 in the present peƟƟon, which is conƟnuing Ɵll date. 7.

Given the present scenario, no case for seƫng aside the order is made out at this stage. However, peƟƟoner is at liberty to file fresh peƟƟon aŌer joining the proceedings/invesƟgaƟon. Filing of the present peƟƟon and its disposal shall not come in his way.

8.

The present peƟƟon is disposed of in the aforesaid terms. All pending applicaƟons, if any, stand disposed.

(ANOOP CHITKARA) JUDGE 18.09.2023 JyoƟ-II Whether speaking/reasoned:

Yes Whether reportable:

No.

JYOTI 2023.09.18 14:09 I attest to the accuracy and integrity of this order/judgment.