Manphool v. State Of Haryana

 

 

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

CRM M-31413 of 2018 Date of Decision: December 20, 2018 Manphool .....Petitioner Vs.

State of Haryana .....Respondent

CORAM:

HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU.

-.- Present:- Mr. Sandeep Kotla, Advocate for the petitioner. Mr. Yashwinder Singh, DAG, Haryana.

-.- MAHABIR SINGH SINDHU, J. (ORAL) Affidavit of Adarsh Deep Singh, HPS, Deputy Superintendent of Police, Detective Jind, filed in Court today is permitted to be taken on record. Copy supplied to the opposite side.

A perusal of paragraph 2 of the affidavit reveals that the petitioner is already a convict in FIR No. 190 dated 17.05.2012, registered under Sections 20, 27A, 61, 85 of the NDPS Act at Police Station Safidon. Photocopy of the lower Court record received. A perusal of the same reveals that a show cause notice dated 22.12.2018 was issued to the petitioner for concealment of the pendency of the present petition while applying the third regular bail and consequently that led to the cancellation of the bail which was granted by the learned trial Court on 07.09.2018.

Sanjay Gupta 2018.12.21 14:09 I attest to the accuracy and integrity of this document High Court Chandigarh

 

   Admittedly, the regular bail granted by learned trial Court has been cancelled by learned Sessions Judge vide order dated 30.11.2018. In view of the above, it is apparently clear that the petitioner has a remedy to challenge the order for cancellation of his bail application. Since now, there is a changed circumstances, therefore, this Court is not inclined to entertain the present petition.

Even otherwise, petitioner is a previous convict and was sentenced to undergo RI for 10 years.

Consequently, the petition is dismissed.

December 20, 2018 (MAHABIR SINGH SINDHU) sanjay JUDGE Whether speaking/ reasoned:

Yes/ No.

Whether Reportable:

Yes/No.

Sanjay Gupta 2018.12.21 14:09 I attest to the accuracy and integrity of this document High Court Chandigarh