Dharmendra Gada v. State Of Haryana And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-45136-2022 (O&M) Date of Decision: 28.09.2022 Dharmendra Gada ........ Petitioner

Versus

State of Haryana and another ........ Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Saurabh Dalal , Advocate, for the petitioner.

**** ANOOP CHITKARA, J. (ORAL) CRM-37025-2022 Application is allowed as prayed for.

CRM-M-45136-2022 The present petition has been filed under Section 482 Cr.P.C. for quashing of impugned order dated 13.09.2022 passed by learned ASJ, Gurugram in Case No. CRA/196/2022 titled as Jinaam Fashion World and others Versus Mr. Gian P.Kumar. The nature of order this Court proposes to pass, no prejudice is going to be caused to the respondents, as such, no notice is required to be issued to the respondents. Vide order dated 13.09.2022, the Appellate Court did not extend the sentence already suspended by the trial Court for the reasons that the petitioner did not surrender before it.

Learned counsel for the petitioner submits that the mistake was bona fide and due to mis-communication on the part of the counsel. Be that as it may, since the wrong date of hearing has been note down, as such, the present petition is allowed and impugned order dated 13.09.2022 is set aside subject to the condition that the petitioner will appear before the concerned Court on or before 31.10.2022 on which date, he shall also file an application for suspension of sentence and in case, he complies with the condition of such application, the sentence shall be suspended.

(ANOOP CHITKARA) JUDGE 28.09.2022 Jyoti-II Whether speaking/reasoned Yes/No Whether Reportable Yes/No JYOTI 2022.09.30 23:06 I attest to the accuracy and integrity of this document