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High Court of Punjab and HaryanaCRM-M/20230/2024allowed

Davinder Singh Johal v. Gurdeep Singh And Another

2024-12-04Mrs. Justice Manjari Nehru Kaul2 pages

CRM-M-20230-2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-20230-2024 Decided on : 04.12.2024 Davinder Singh Johal ...... Petitioner

Versus

Gurdeep Singh and another ...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Rajinder Pal Singh Rana, Advocate for the petitioner through VC.

Mr. Navdeep Singh, DAG, Punjab.

**** Manjari Nehru Kaul, J.

The present petition has been filed under Section 438 Cr.PC for grant of anticipatory bail to the petitioner in complaint case bearing No.COMI31531 of 2013 dated 15.10.2011 registered under Sections 452, 427, 506, 148 and 149.

2.

On 11.07.2024, while noticing the following submissions made by the learned counsel for the petitioner, this Court had granted the concession of interim bail to the petitioner and asked him to appear before the Trial Court:

"Learned counsel for the petitioner submits that the petitioner was summoned as one of the accused in the complaint filed by respondent No.1, but at that time, petitioner had already left India. On the first date itself, summons were received back with the report that petitioner was in Canada. The Court failed to issue summons and gave notice to the petitioner as per the provisions of Section 105 Cr.PC and thereafter, bailable and non-bailable warrants were issued and the petitioner was declared as proclaimed offender. SONIA BURA 2024.12.05 10:36 I attest to the accuracy and integrity of this document

CRM-M-20230-2024 -2Petitioner was not having any knowledge about initiation of the proceedings under Section 82 Cr.PC against him and thereafter he was declared proclaimed offender. So, the order declaring the petitioner proclaimed offender is per se wrong and illegal.

Learned counsel for the petitioner further submits that petitioner now wants to visit India on 18.07.2024. He further submits that respondent No.1 has since died and he has been sued through his only legal heir - Smt. Baldish Kaur. "

3.

Learned counsel for the petitioner submits that in compliance of order dated 11.07.2024, petitioner has appeared before the Trial Court. Learned counsel for the petitioner has also produced the copy of order dated 23.07.2024 passed by the trial Court, which is taken on record. A prayer, therefore, has been made to make the order dated 11.07.2024 absolute.

4.

Learned State counsel, on instructions, has not disputed the submission made by learned counsel for the petitioner. 5.

In view of the above, present petition is allowed and interim order dated 11.07.2024 is made absolute subject to the conditions as envisaged in Section 438(2) Cr.PC.

(MANJARI NEHRU KAUL) 04.12.2024 JUDGE sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2024.12.05 10:36 I attest to the accuracy and integrity of this document