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High Court of Punjab and HaryanaCRM-M/41372/2014disposed of

Hardev Singh v. State Of Punjab

2015-01-23Mr. Justice Krishna Murari2 pages

RAJ KUMAR ARORA 2015.01.28 11:23 CRM-M-41372-2014 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-41372-2014 (O&M).

Decided on: January 23, 2015.

Hardev Singh ..... Petitioner(s)

Versus

State of Punjab ..... Respondent(s) * * *

CORAM:

HON'BLE MR. JUSTICE M.M.S. BEDI PRESENT Mr.Inder Pal Singh, Advocate, for the petitioner.

Mr.J.S.Brar, AAG., Punjab.

M.M.S. BEDI, J (ORAL) Vide order dated 4.12.2014, the petitioner had been given liberty to move an application within a period of two weeks before the Courts below simultaneously staying the arrest of the petitioner. Vide order dated 22.12.2014, a Coordinate Bench of this Court had given liberty to the petitioner that he would not be arrested till 23.1.2015.

Grievance of the petitioner is that he along with his co-accused had been booked in a case of murder. The co-accused of the petitioner after trial has been acquitted as the witnesses turned hostile. The petitioner having been declared a proclaimed offender was not able to get an opportunity to face trial and get acquittal. The petitioner has been given an opportunity by granting interim protection to him to appear before the Court and get the matter

CRM-M-41372-2014 (O&M) regarding propriety of order declaring him a proclaimed offender adjudicated.

I have considered the facts and circumstances of the case.

It has been admitted by the State counsel that the petitioner had been declared innocent by the police but was subsequently summoned under Section 319 Cr.P.C., during the course of trial.

Now the petitioner has been given an opportunity to appear before the Court by granting interim relief to him. Without expression of any opinion on merits of the case, this petition is disposed of with a direction that after having complied with the order dated 4.2.2014, passed by a Coordinate Bench of this Court, in case his application is dismissed, he will not be arrested for a period of next 10 days to enable him to approach this Court again.

(M.M.S. BEDI) January 23, 2015.

JUDGE rka