High Court of Punjab and HaryanaCRM-M/40525/2021disposed of

Kapil Garg v. Ram Dass Bansal And ANR

2023-02-16Mr. Justice Anoop Chitkara1 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-40525-2021 Date of Decision: 16.02.2023 Kapil Garg ......... Petitioner

Versus

Ram Dass Bansal and another ......... Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Sourabh Goel, Advocate for the petitioner. Mr. Ishan Gupta, Advocate for respondent No. 1. Mr. Sinish Girdhar, AAG, Punjab.

**** ANOOP CHITKARA, J. (ORAL) Counsel for the petitioner submits that he would be contended and satisfied in case, the petitioner be permitted to file a petition for bail under Section 439 Cr.P.C. directly before this Court and without surrendering and also with liberty to take an interim protection till date, the matter listed before this Court. Since, the law is settled qua interim bail in Sandeep Kumar Bapna's case (2014), as such, the present petition is disposed of with liberty aforesaid. It is clarified that to enable the petitioner to file such petition before this Court, there shall be stay of his arrest till 28.02.2023. It is further clarified that such petition be filed positively before 28.02.2023 and the protection shall eclipse on 28.02.2023.

It is also clarified that the Registry shall not raise any objection about the petitioner not being in custody in the application filed under Section 439 Cr.P.C. (ANOOP CHITKARA) JUDGE 16.02.2023 Jyoti-II Whether speaking/reasoned Yes/No Whether Reportable Yes/No JYOTI 2023.02.21 09:42 I attest to the accuracy and integrity of this order/judgment.