Amandeep Singh v. State Of Punjab

CRR No.1739 of 2014 (O&M) Lakhbir Singh State of Punjab Mr. Ritesh Padeny, Advocate for the petitioner.

Mr. P.S.Paul, DAG, Punjab.

Even though the petitioner had stated before this Court on 09.12.2014 that he is willing to settle the matter with the complainant and is ready to give possession of the disputed land yet he has not done so.

The complainant is present in Court.

On due consideration of the matter and noticing that the petitioner is proclaiming his willingness to surrender the possession of the land, I deem it appropriate to direct the Tehsildar, Batala who himself or through any other official he may deem appropriate to depute in this regard, ensure the handing over of possession of the land to the complainant on 16.03.2015. The petitioner shall also be produced in custody from Central Jail, Gurdaspur on the said date in order to facilitate the handing over of the possession of the disputed land to the complainant. After the needful is done, the revenue official would submit his report to the Court forthwith to enable the Court to proceed with the issue of bail to the petitioner. List again on 24.03.2015.

CRM No.29607 of 2014 in CRR No.3032 of 2014 Hanuman State of Haryana Mr. Durga Dutt Sharma, Advocate for the petitioner.

Mr. Pravindera Singh Chauhan, Addl. AG, Haryana. Mr. Kirpal Singh Thakar, Advocate for the complainant. The present application has been filed under Section 397/482 Cr.P.C. for suspension of sentence of the applicant-petitioner Hanuman during the pendency of revision petition. The applicant vide judgment dated 22.01.2013 and order dated 23.01.2013 was convicted under Sections 279, 337, 338 and 304-A IPC in FIR No.67 dated 05.05.2008 registered at police station Siwani, Distt. Bhiwani and was sentenced to undergo R.I. for a period of one year and 6 months and to pay a fine of Rs.600/-.

Learned counsel for the petitioner submits that the applicant has already undergone more than a period of 9 months out of total sentence and the compensation of Rs.2,50,000/- has been paid to the complainant.

The parties are present in Court and this fact is not disputed.

Having regard to the aforesaid cumulative facts, I deem it appropriate to suspend the sentence of the applicant -Hanuman during the pendency of revision petition and he be released on bail subject to his furnishing bail and surety bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Bhiwani. The criminal miscellaneous application stands allowed.

CRM No.5014 of 2015 in CRA-S No.211-SB of 2015 Kuldeep Singh @ Kuku State of Punjab Mr. Vikas Gupta, Advocate for the applicant-appellant.

Mr. P.S.Paul, DAG, Punjab.

The present application has been filed under Section 389 Cr.P.C. for suspension of sentence of the applicant-appellant Kuldeep Singh @ Kuku during the pendency of appeal.

The applicant vide judgment and order dated 22.12.2014 was convicted under Sections 489-C IPC in FIR No.10 dated 09.04.2011 registered at police station State Special Operation Cell, Amritsar and was sentenced to undergo R.I. for a period of three years and to pay a fine of Rs.10,000/-.

It is contended that the applicant has undergone more than 5 months of substantive sentence out of three years awarded to him.

Custody Certificate has been produced by the State counsel in which it is indicated that the applicant has undergone 5 months and 22 days out of total substantive sentence awarded to him. Having regard to the aforesaid fact and noticing that the appeal is of 2015, which is not likely to fructify in the near future, I deem it appropriate to suspend the sentence of the applicant -Kuldeep Singh @ Kuku during the pendency of appeal and direct that he be released on bail subject to his furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Amritsar. The criminal miscellaneous application stands allowed.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.5962 of 2015 (O&M) Date of Decision:02.03.2015 Shushil Kumar @ Sushil Kumar .... Petitioner State (U.T.Chandigarh) .... Respondent

CORAM:

HON'BLE MR. JUSTICE MAHESH GROVER Mr. Harmandeep Singh Saini, Advocate for the petitioner. Mr. Parveen Chauhan, Advocate for Mr. Gagandeep Singh Wasu, Advocate for the respondent.

***** Mahesh Grover, J. (Oral) The present petition has been filed under Section 439 Cr.P.C. wherein the petitioner prays for his release on regular bail in a case FIR No.205 dated 06.11.2013 registered under Sections 406, 328, 392, 468, 471, 473 & 411 IPC and Sections 25, 54 & 59 of Arms Act at Police Station Section 3, Chandigarh.

The allegations against the petitioner are that he had taken a car, which was entrusted to him by regular taxi service provider to take the mother of the complainant to the hospital after getting the car cleaned but instead of doing so he absconded with the car. The petitioner was subsequently arrested in Delhi when he was travelling in another car, which also turned out to be stolen with fake registration number. The petitioner has been described in the FIR as Kuldeep Singh but in the present petition he described himself as Sushil Kumar. The case of the prosecution is that he is the same person and is part of the gang involved in stealing cars. There are also other serious allegations, which have been incorporated in the FIR

CRM-M No.5962 of 2015 (O&M) -2subsequently. Two other cases are stated to be pending against the petitioner in Delhi and Mathura although he is on bail in the said cases. Learned counsel for the petitioner states that he is in custody since December, 2013 and his co-accused are released on bail. Besides, it is contended that the FIR only disclose the taking away of the car with co-accused. Remaining serious allegations of giving intoxicated drinks and hijacking the car by showing gun, being incorporated subsequently. According to the petitioner, this is an after thought to aggravate the offence.

Learned counsel for the respondents on the other hand states that the petitioner is part of a larger gang, which operates in the region to steal cars and to dupe people.

On hearing learned counsel for the parties and noticing the fact that the petitioner is in custody since December, 2013 and the trial is not in progress so far and noticing the fact that his co-accused have been released on bail, I deem it appropriate to allow the petition but while doing so, I direct the petitioner to be released on bail on his furnishing bail/surety bonds to the satisfaction of Trial/Duty Court on heavy surety as having been done in the case of his co-accused. The personal bond should be in the sum of Rs.2 lacs with one surety in the sum of Rs.50,000/-. Since he is main accused, the Court would also be at liberty to impose any other condition which it may deem fit in the said circumstances.

The criminal miscellaneous petition stands disposed of.

224/3 CRR No.2676 of 2014 (O&M) Jasbir Singh State of Punjab Mr. Ritesh Padeny, Advocate for the petitioner.

Mr. P.S.Paul, DAG, Punjab.

To be heard along with CRR No.1739 of 2014 on 24.03.2015.

224/2 CRR No.2414 of 2014 (O&M) Gurmit Singh State of Punjab Mr. M.D.S.Gill, Advocate for the petitioner.

Mr. P.S.Paul, DAG, Punjab.

The petitioner has impugned the orders of the Courts below where he stands convicted under Section 420 IPC pursuant to the case FIR No.105 dated 11.10.2000 registered at Police Station City Batala, Gurdaspur.

The petitioner has been sentenced to undergo R.I. For a period of 3 years and to pay a fine of Rs.2,000/-. During the pendency of the petition, the parties have resolved their differences. The petitioner is nephew of the complainant. An affidavit has already been filed to this effect. Sohan Singh- complainant is also present in Court. He has accepted the factum of compromise and states that he has no grudge against the petitioner.

Having regard to the aforesaid, I permit the petitioner to move appropriate application for compounding the offence. List on 24.03.2015.

CRM No.49828 of 2013 in CRA-S No.3300-SB of 2012 Baljit Singh @ Gogi State of Punjab Mr. Liaqat Ali, Advocate for the petitioner.

Mr. P.S.Paul, DAG, Punjab.

***** Custody Certificate of the applicant-appellant Baljit Singh @ Gogi filed in Court is taken on record.

Learned counsel for the petitioner prays for withdrawal of the present application.

Allowed to do so.

Dismissed as withdrawn.

CRM No.4980 of 2015 in CRA-S No.3428-SB of 2012 Muneer Hussain State of Haryana Ms. G.K.Mann, Advocate for the applicant-appellant.

Mr. Pravindera Singh Chauhan, Addl. AG, Haryana. On request of learned counsel for the State, adjourned to 23.03.2015.

212/3 CRM No.15122 of 2014 in CRM-A No.774-MA of 2014 Najar Singh State of Punjab & another Mr. Sukhjit Singh , Advocate for the petitioner.

Mr. P.S.Paul, DAG, Punjab.

On request of learned counsel for the State, adjourned to 06.07.2015.

212/2 CRM No.48410 of 2013 in CRM-A No.1020-MA of 2013 Janak Dulari Parmod Rana Ms. Kiran Bala Jain, Advocate for the applicant-appellant.

On request of learned counsel for the applicant, adjourned to 06.07.2015.

CRM-A No.405-MA of 2014(O&M) Rajesh Kumar Rajinder Singh None for the appellant.

In the interest of justice, adjourned to 06.07.2015.

CRM-A No.828-MA of 2013 (O&M) M/s C.L.Publications Pankaj Jindal Mr. J.S.Cooner , Advocate for the petitioner.

On request of learned counsel for the petitioner, adjourned to 06.07.2015.

CRM-A No.981-MA of 2013 (O&M) Rajpati Pale Ram & others Mr. Chander Shekhar , Advocate for Mr. S.P.Chahar, Advocate for the applicant.

On request of learned counsel for the applicant, adjourned to 06.07.2015.

CRM-A No.698-MA of 2014 Kesri Devi Vinod Kumar & others Mr. Sandeep Kotla, Advocate for the applicant.

On request of learned counsel for the applicant, adjourned to 06.07.2015.

CRM No.32958 of 2014 in CRA-S No.112-SB of 2013 Rani Kaur State of Punjab & another Mr. Ankit Duggal, Advocate for the applicant-appellant.

Mr. P.S.Paul, DAG, Punjab.

On request of learned counsel for the State, adjourned to 17.03.2015.

CRM-A No.1484-MA of 2014 (O&M) M/s Chaudhary Finance Company Ashok Kumar Rana Mr. Chander Shekhar, Advocate for Mr. Sushil Jain, Advocate for the applicant.

Mr. G.C.Shahpuri, Advocate has appeared on behalf of the respondent and prays for time.

On request, adjourned to 06.07.2015.

CRR No.2759 of 2013 (O&M) Municipal Corporation Gurgaon Vs.

M/s Swami Trading Company Mr. Ashwani Kumar Bura, Advocate for the petitioner.

Despite the fact that the opportunities were given to the respondents to file reply to the application for condonation of delay but the same has not been done.

There is no representation on behalf of the respondents. The delay of 256 days in filing the revision is condoned as no reply has been filed.

Crl. Misc. No.38874 of 2013 stands allowed.

Main case List the matter for further proceedings on 06.07.2015.

CRM-M No.6265 of 2015 (O&M) Vikram Singh @ Bunty @ Bajaj Vs.

State of Punjab Mr. D.S.Gandhi, Advocate for the petitioner.

On request of learned counsel for the petitioner, adjourned to 13.03.2015 to enable him to file proper translation of the FIR.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.5769 of 2015 (O&M) Date of Decision:02.03.2015 Sher Khan .... Petitioner State of Haryana .... Respondent

CORAM:

HON'BLE MR. JUSTICE MAHESH GROVER Mr. S.S.Dinarpur, Advocate for the petitioner. Mr. Pravindera Singh Chauhan, Addl. AG, Haryana. ***** Mahesh Grover, J. (Oral) Learned counsel for the petitioner prays for withdrawal of the present petition.

Allowed to do so.

Dismissed as withdrawn.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.42830 of 2014 (O&M) Date of Decision:02.03.2015 Amandeep Singh .... Petitioner State of Punjab .... Respondent

CORAM:

HON'BLE MR. JUSTICE MAHESH GROVER Mr. Chandan Singh Rana, Advocate for the petitioner. Mr. P.S.Paul, DAG, Punjab.

***** Mahesh Grover, J. (Oral) Learned counsel for the petitioner prays for withdrawal of the present application.

Allowed to do so.

Dismissed as withdrawn.

CRM-M No.20729 of 2014 (O&M) Rajinder Kaur @ Harjinder Kaur & anr.

Vs.

State of Punjab & anr.

Mr. Harinder Singh, Advocate for the petitioners.

Mr. A.S.Barnala, Advocate.

Mr. P.S.Paul, DAG, Punjab.

Last opportunity is granted to the petitioners to cooperate with the investigating officer and produce the original Will failing which appropriate orders would be passed by this Court. Adjourned to 17.03.2015.

101+203 CRM No.6796 of 2015 in/& CRM-M No.3176 of 2015 Jeevan Kumar Vs.

State of Haryana Mr. Amardeep Singh Mann, Advocate for the applicant-petitioner.

CRM No.6796 of 2015 This is an application to implead the complainant -Assistant Food & Supply Controller, Fatehabad as party. The application is allowed as prayed for. The complainant -Assistant Food & Supply Controller, Fatehabad is permitted to be impleaded as party. Amended memo of parties filed along with the application is taken on record subject to all just exceptions. The criminal miscellaneous application stands allowed. Main case Notice be issued to newly added respondent/complainant for 17.03.2015.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.3765 of 2015 (O&M) Date of Decision:02.03.2015 Gursewak Singh .... Petitioner State of Punjab .... Respondent

CORAM:

HON'BLE MR. JUSTICE MAHESH GROVER Mr. Siddharth Gupta, Advocate for the petitioner. Mr. P.S.Paul, DAG, Punjab.

***** Mahesh Grover, J. (Oral) After arguing for some time, learned counsel for the petitioner prays for permission to withdraw the present petition with liberty to take remedy available to him under law. Allowed to do so.

Prima facie the prayer of the petitioner cannot be granted considering the recovery made from him, however, he pleads that his co-accused has already been granted the benefit of regular bail. If that is so, the petitioner would be at liberty to move appropriate application before the Court concerned, which may consider all these aspects to dispose of bail application expeditiously preferably within a period of 4 days from the date of filing of the application. Dismissed as withdrawn.