Sheela v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Date of decision: 05.09.2023 Sheela

...Petitioner

VS State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA Present:- Mr.Ram Kumar Chauhan, Advocate, for the petitioner.

Mr.Karan Garg, AAG, Haryana.

***** ARUN MONGA, J. (ORAL) 
 
 



 


 
 

 


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2.

Succinct facts first, as pleaded in the instant petition. 2.1.

Learned counsel submits that during the first wave of Covid-19 pandemic petitioner was granted interim bail in the aforesaid FIR vide order dated 26.3.2020 on furnishing the bail bonds/personal bonds in the sum of Rs.30,000/-. Before release of the petitioner, she was also granted regular bail by learned Additional Sessions Judge, Panchkula vide order dated 21.3.2020 but petitioner had not furnished the bail bonds/surety bonds because counsel before learned trial Court not informed the petitioner regarding grant of regular bail by the learned Additional Sessions Judge, Panchkula.

2.2 Due to communication gap between the petitioner and counsel before learned trial Court, bail bonds were not furnished by the petitioner in the regular bail which was granted vide order dated 21.3.2020 Annexure P-1. In the meantime, counsel appearing before learned trial Court Sh. Raj Kumar Chaudhary, Advocate suffered brain stroke in the month of October, 2022 and due to illness of the counsel, petitioner could not be informed about the initiation of proclamation proceedings against her.

2.3 Vide order dated 01.11.2022 Annexure P-2, learned trial Court cancelled the bail bonds and surety bonds of the petitioner which were furnished on 26.3.2020 as per guidelines of Hon'ble Apex Court during Covid-19 pandemic period and non-bailable warrants were issued on 25.11.2022 and thereafter, proclamation was issued on 20.1.2023 Annexure P-3. Ultimately vide order dated 6.3.2023 Annexure P-4, petitioner was declared as proclaimed person. Hence, the present petition.



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8.

Pending application(s), if any, shall also stand disposed of. (ARUN MONGA) JUDGE 05.09.2023 'D'Vir Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No