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High Court of Punjab and HaryanaCRR/916/2025disposed of

Sukhpreet Alias Raman v. State Of Punjab

2025-04-04Mr. Justice Harpreet Singh Brar2 pages

CRR-916-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRR-916-2025 (O&M) Date of decision: 04.04.2025 Sukhpreet @ Raman ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. Manjinder Singh Saini, Advocate for the petitioner.

HARPREET SINGH BRAR J. (Oral) 1.

The instant revision petition has been filed for setting-aside the order dated 06.02.2025, passed by learned Additional Sessions Judge, Hoshiarpur, in Criminal Appeal No.43 of 2025, whereby the application filed by the petitioner seeking time to surrender has been dismissed.

2.

Learned counsel for the petitioner, inter alia, contends that the petitioner has filed a Criminal Appeal No.43 of 2025 in case FIR No.53 dated 11.05.2020, registered under Sections 295, 452, 34 IPC at Police Station Chabewal, District Hoshiarpur, before the learned Additional Sessions Judge, Hoshiarpur, against the judgment of conviction dated 09.01.2025 passed by learned Principal Magistrate, Juvenile Justice Board, Hoshiarpur. The appeal of the petitioner was listed for hearing on 06.02.2025 and the petitioner could not appear before the Court concerned as his maternal grandfather had expired and MOHD YAKUB 2025.04.04 18:02 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

CRR-916-2025 the application filed by the petitioner seeking exemption from personal appearance was filed, however, the same was declined on the ground that the date of death of his maternal grandfather is not mentioned and further directions are issued to learned trial Court for initiating the process for procuring the presence of the petitioner to serve his sentence as awarded by the learned Court below.

3.

Learned counsel for the petitioner further submits that the petitioner is ready to surrender before the learned Appellate Court and pursue his appeal.

4.

Notice of motion.

5.

Mr. Subhash Godara, Addl. A.G., Punjab who is present in the Court accepts notice on behalf of the respondent - State and submits that the appeal is required to be decided on merits in case the petitioner is ready to surrender before the learned Appellate Court. 6.

In view of the facts and circumstances of the case, the present petition is disposed of; the impugned order dated 06.02.2025, is set-aside and the petitioner is directed to appear before the learned Appellate Court within a period of 01 week from today and file an appropriate afresh application seeking suspension of sentence. (HARPREET SINGH BRAR) JUDGE 04.04.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2025.04.04 18:02 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh