High Court of Punjab and HaryanaCRM-M/60069/2022disposed of

Vivek Jindal v. State Of Haryana And Another

2023-03-16Mr. Justice Gurbir Singh2 pages

CRM-M-60069-2022

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No.206 Case No. : CRM-M-60069-2022 Date of Decision : March 16, 2023 Vivek Jindal ....

Petitioner vs.

State of Haryana and another ....

Respondents CORAM : HON'BLE MR. JUSTICE GURBIR SINGH.

* * * Present :

Mr. Vinod Ghai, Senior Advocate with Ms. Kanika Ahuja, Advocate and Mr. B.N.S.Marok, Advocate for the petitioner.

Mr. Karan Sharma, DAG, Haryana.

Mr. Sunil Kumar Rai, Advocate, Mr. Kunal Thapa, Advocate and Mr. Irshaan S. Kakar, Advocate for respondent no.2.

* * * GURBIR SINGH , J. :

Learned counsel for the petitioner submits that the State had filed an application for cancellation of bail granted to respondent no.2 and has referred to copy of order dated 19.01.2023 (Annexure P-7), whereby learned Additional Sessions Judge, Gurugram initially issued notice and thereafter, observed that this Court was already seized of the matter on the request of the complainant for cancellation of anticipatory bail granted to respondent no.2. Therefore, the said application was dismissed being not maintainable.

Learned counsel for the petitioner has further prayed that he MONIKA 2023.03.18 15:22 I attest to the accuracy and integrity of this document

CRM-M-60069-2022 would be satisfied if the instant petition be disposed of with direction to the Court of learned Additional Sessions Judge, Gurugram to decide the application bearing CIS No. CRM-92-2023, which was filed by the State for cancellation of bail granted to respondent no.2 on 15.12.2022, and pass the order on merits, in accordance with law.

Learned State counsel and learned counsel for respondent no.2 have no objection to the prayer made by learned counsel for the petitioner. The Court, which has granted the bail, is to decide the application for cancellation of bail.

Accordingly, the present petition is disposed of with a direction to learned Court of learned Additional Sessions Judge, Gurugram to restore the application bearing CIS No. CRM-92-2023, and decide the same on merits.

Parties along with counsel are directed to appear before the Court of learned Additional Sessions Judge, Gurgaon, on 24.03.2023. March 16, 2023 (GURBIR SINGH) monika JUDGE Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No.

MONIKA 2023.03.18 15:22 I attest to the accuracy and integrity of this document