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High Court of Punjab and HaryanaCRM-M/28317/2025allowed

Sujinder Malik v. State Of Haryana

2025-07-01Mr. Justice Sanjiv Berry3 pages

    

       

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This aspect is not disputed by learned State counsel. 5.

During the course of hearing on 22.05.2025 following order was passed: -

  " 2. Heard.

3. It is, inter alia, contended by learned counsel for the petitioner that the petitioner after having been granted concession of bail in case FIR (supra) had been regularly appearing in the learned Trial Court, however, on account of being hit by gun shot and suffered serious injuries, the petitioner could not appear in the Court, leading to cancellation of his bail and issuance of non-bailable warrants of arrest and consequently issuance of proclamation under Section 82 Cr.PC pending for 10.06.2025 vide order Annexure P-6 passed by learned Additional Chief Judicial Magistrate, Hisar. He contends that the petitioner had to undergo extensive medical treatment and had remain in trauma for more than 01 year at Artemis Hospital Gurugram. He contends that the petitioner will regularly appear in the Court on each and every date of hearing without fail and face the trial.

4. Notice of motion, returnable for 01.07.2025.

5. On the asking of the Court, Mr. Jatinder Pal Singh, Sr. DAG Punjab, who is present in Court, accepts notice and does not dispute the factual matrix of the case. He submits that the proclamation under Section 82 Cr. PC had been issued returnable for 10.06.2025 by the learned Additional Chief Judicial Magistrate, Hisar.

6. Be it the case, without commenting on the merits of the case, the petitioner is directed to appear before the learned Trial Court/Judge on duty/Duty Magistrate within a period of 07 days from today and in that event, learned Trial Court/Judge on duty/Duty Magistrate will admit the petitioner on interim bail subject to its satisfaction on his furnishing requisite bail/surety bonds, however, subject to deposit of a cost of Rs. 5,000/- in the District Legal Services Authority, Hisar, before furnishing bail/surety bonds.

 

7. The petitioner shall also furnish a specific undertaking before the learned Trial Court/Judge on duty that, in future, he would be regularly appearing before the concerned Court on each and every date and in case of some exigency, he will seek prior permission of the concerned Court qua his exemption to appear on the date fixed.

8. The Trial Court is directed to communicate the order on the appearance of the petitioner in this Court immediately, through appropriate channel well before the date of hearing.

9. Copy of this order be given to learned counsel for the petitioner under the signature of the Bench Secretary of this Court."

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