High Court of Punjab and HaryanaCRM-M/53574/2024disposed of

Iqbal Singh v. State Of Punjab

2024-11-08Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-53574-2024 Date of decision: 08.11.2024 IQBAL SINGH ....Petitioner V/s STATE OF PUNJAB ....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. N.S. Dandiwal, Advocate, for the petitioner. Mr. Mohit Kapoor, Sr. DAG, Punjab.

***** MANJARI NEHRU KAUL, J. (ORAL) 1.

Prayer in the instant petition filed under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 is for quashing of impugned orders dated 13.02.2024 and 25.09.2024 vide which non-bailable warrants of the petitioner as well as proclamation has been issued in case FIR No.127 dated 12.12.2020 under Sections 61/1/14/78 of the Excise Act, registered at Police Station Khanauri, District Sangrur. 2.

Short reply by way of affidavit of Sh.Parminder Singh, PPS Deputy Superintendent of Police, Sub Division, Moonak, District Sangrur, has been filed in Court today on behalf of respondent-State. The same is taken on record. A copy thereof has been handed over to learned counsel for the petitioner.

Learned counsel for the State has conceded that proclamation which was issued against the petitioner stands withdrawn on 04.10.2024 by the learned trial Court.

POONAM RATHORE 2024.11.08 16:53 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-53574-2024 -24.

Learned counsel for the petitioner submits that in the circumstances the petitioner ought to be released from judicial custody. Learned counsel, in the circumstances, undertakes that the petitioner would file an appropriate application and the trial Court concerned be directed to decide the same expeditiously preferably on the same day. 5.

I have heard learned counsel for the parties and have perused the relevant material placed on record.

In the facts and circumstances as enumerated hereinabove, with no opposition from the learned State counsel, the impugned order dated 13.02.2024 (Annexure P-3) is quashed. The petitioner may move an appropriate application before the trial Court concerned for being released on bail; as and when any such application is moved before the trial Court concerned, the Court would decide the same expeditiously preferably on the same day. 7.

The instant petition stands disposed of accordingly. (MANJARI NEHRU KAUL) JUDGE November 08, 2024 poonam Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No POONAM RATHORE 2024.11.08 16:53 I attest to the accuracy and authenticity of this document High Court Chandigarh