Mohmmad Ishak Hussain And Others v. State Of Haryana And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-44683-2024 Date of decision: 09.09.2024 MOHMMAD ISHAK HUSSAIN AND OTHERS ....Petitioners V/s STATE OF HARYANA AND ANOTHER ....Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Davinder Singh, Advocate, for the petitioner. ***** MANJARI NEHRU KAUL, J. (ORAL) 1.

The petitioners are seeking setting aside of order dated 29.04.2024 (Annexure P-4) passed by learned Trial Court, whereby the petitioners were declared proclaimed persons in case FIR No.391 dated 13.02.2023 (Annexure P-1) under Sections 420, 467, 468, 471, 384, 120-B of the IPC, 1860, registered at Police Station Shivaji Nagar, District Gurugram.

2.

Learned counsel for the petitioners, at the outset, submits that the petitioners are willing and ready to appear, and surrender before the Trial Court. Hence, in the aforementioned facts and circumstances, the petitioners be protected till their appearance before the Trial Court, and directions be given to the Trial Court that their bail application(s), which they would be filing on their surrender, be decided expeditiously. 3.

Notice of motion.

POONAM RATHORE 2024.09.10 11:48 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-44683-2024 -24.

On asking of the Court, Ms. Trishanjali Sharma, DAG, Haryana, accepts notice on behalf of respondent-State. 5.

In view of the limited prayer made by the learned counsel for the petitioners, the instant petition is disposed of with the following directions:

"The petitioners are to appear and surrender before the trial Court within 07 days from today. Till then, no coercive steps be taken against the petitioners. This is contingent upon the petitioners paying a cost of Rs.5,000/- each to be deposited with the District Legal Services Authority concerned. Furthermore, the petitioners are required to plant two fruit bearing and two shady trees within the judicial complex, Gurugram, with the specific area to be identified by the DLSA concerned; the DLSA would also ensure the proper maintenance and upkeep of the trees so planted." 6.

It is made clear that in case, the petitioners fail to surrender before the Trial Court within 07 days from today, this order shall be of no avail to them, thereafter. In case, on appearance and surrender, the petitioners move an application for bail, the Trial Court shall make earnest efforts to decide it expeditiously, in accordance with law. (MANJARI NEHRU KAUL) JUDGE September 09, 2024 poonam Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No POONAM RATHORE 2024.09.10 11:48 I attest to the accuracy and authenticity of this document High Court Chandigarh