Sukhdev Singh v. Ut Of Chandigarh

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-61463-2024 Date of decision: 09.12.2024 SUKHDEV SINGH ....Petitioner V/s UT OF CHANDIGARH ....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

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

The petitioner in the present petition filed under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 is seeking quashing of order dated 18.11.2015 (Annexure P-1) passed by learned Judicial Magistrate, Ist Class, Chandigarh, whereby the petitioner has been declared a proclaimed offender in Criminal Case No.2571 of 08.09.2014, FIR No.526 dated 18.11.2011, under Section 420, 467, 468, 471 & 120-B of the IPC, 1860, registered at Police Station Sector 34, Chandigarh. 2.

Learned counsel for the petitioner at the outset submits that the petitioner is willing and ready to appear, and surrender before the Trial Court. Hence, in the aforementioned facts and circumstances, the petitioner be protected till his appearance before the Trial Court, and directions be given to the Trial Court that his bail application, which he would be filing on his surrender, be decided expeditiously.

3.

Notice of motion.

POONAM RATHORE 2024.12.10 09:53 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-61463-2024 -24.

On asking of the Court, Mr. Abhinav Gupta, Addl.P.P., U.T., Chandigarh, accepts notice on behalf of respondent-State. 5.

In view of the limited prayer made by the learned counsel for the petitioner, the instant petition is disposed of with the following terms: "The petitioner is to appear and surrender before the trial Court within 07 days from today. Till then, no coercive steps be taken against the petitioner. This is contingent upon the petitioner paying a cost of Rs.10,000/- to be deposited with the District Legal Services Authority concerned." 6.

It is made clear that in case, the petitioner fails to surrender before the Trial Court within 07 days from today, 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. (MANJARI NEHRU KAUL) JUDGE December 09, 2024 poonam Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No POONAM RATHORE 2024.12.10 09:53 I attest to the accuracy and authenticity of this document High Court Chandigarh