Jagjit Singh Alias Jagjit Singh Gill v. Malkit Singh And ANR

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-57206-2024 Date of decision: November 21st, 2024 Jagjit Singh @ Jagjit Singh Gill .....Petitioner

Versus

Malkit Singh and another .....Respondents

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Piyush Sharma, Advocate for the petitioner.

MANJARI NEHRU KAUL , J. (ORAL) Learned counsel for the petitioner submits that the impugned order dated 24.04.2024 passed by learned SDJM, Zira, District Ferozepur, in complaint case bearing No.COMI-76-2017 titled as 'Malkit Singh Versus Sampooran Singh and others' declaring the petitioner a proclaimed person had been passed without complete and proper adherence to the provisions of Section 82 of the Cr.P.C. It has also been submitted that the petitioner is willing to appear and join proceedings before the trial Court, in which regard he is due to board the flight today from USA and would be arriving in Amritsar (India) on 23.11.2024.

2.

On a pointed query put to the learned counsel as to whether the petitioner has booked his return flight to the USA, to which he has categorically replied in the negative.

3.

A prayer has, therefore, been made that petitioner be protected till his appearance before the trial Court and directions be PUNEET SACHDEVA 2024.11.21 14:09 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-57206-2024 -2given to the trial Court that his bail application, which he would be filing on his surrender, be decided expeditiously. 4.

Notice of motion.

5.

On asking of the Court, Mr. Navdeep Singh, Deputy Advocate General, Punjab, accepts notice on behalf of the State. 6.

In view of the limited prayer made by the learned counsel for the petitioner, the instant petition is disposed of with directions to the petitioner to appear and surrender before the trial Court on or before 29.11.2024. Till then, no coercive steps be taken against the petitioner. This shall, however, be subject to payment of costs in the sum of `25,000/- to be deposited with the District Legal Services Authority, Ferozepur.

7.

It is made clear that in case, the petitioner fails to surrender before the trial Court on or before the stipulated period, this order shall be of no avail to him thereafter. In case, on appearance and surrender, the petitioner moves an application for bail, the trial Court shall make earnest efforts to decide it expeditiously, in accordance with law. November 21st, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.11.21 14:09 I attest to the accuracy and integrity of this document Chandigarh