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2025 DAILYLAW 40148 (PNJ)

BARIA KRUNAL KUMAR LAXMAN SINH v. UNION OF INDIA AND OTHERS

CRWP/3122/2025 · 2025-04-07

Meenakshi I Mehta, Sanjeev Prakash Sharma

body2025

Judgment text

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135 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRWP No.3122 of 2025 Date of Decision: 07.04.2025 Baria Krunal Kumar Laxman Sinh …Petitioner Versus Union of India and others …Respondents CORAM: HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MRS. JUSTICE MEENAKSHI I. MEHTA Present:- Mr. Arun Singla, Advocate for the petitioner. Mr. Rohit Verma, Advocate for the respondent-UOI. * * * * SANJEEV PRAKASH SHARMA J.(Oral) The matter comes up before this Court on behalf of the petitioner as the 2nd application moved by him for seeking suspension of sentence, has been dismissed vide the order dated 18.12.2024 passed by the Armed Forces Tribunal, Chandigarh (for short ‘the AFT’). 2. It is noticed that earlier the petitioner had approached this Court but withdrew his petition satisfied with the directions of this Court to direct the AFT to decide the Original Appeal itself within a period of six months. Accordingly, this Court passed order on 18.09.2024. 3. Learned counsel for the petitioner submits that although, the AFT had fixed the case for hearing on 18.03.2025 on an application moved by the petitioner for seeking suspension of sentence but on account of there SEEMA SHARMA 2025.04.09 15:22 I attest to the accuracy and authenticity of this order/judgment CRWP No.3122 of 2025 -2- being paucity of Judicial Members, the case has been now adjourned for 08.09.2025 and he submits that the directions issued for deciding the OA within a period of six months has lost its sanctity. The cases relating to GCM and imprisonment awarded therein, need to be decided expeditiously. 4. In the present case, the petitioner was awarded 05 years rigorous imprisonment vide the order dated 23.10.2023. The petitioner has, therefore, already undergone the considered period of sentence. Taking into consideration the order passed by us earlier (supra), we observe that the AFT must take the call and decide the concerned Original Appeal of the petitioner at the earliest. For the said purpose, the AFT would pre-pone the case and if required, hear the case on day-to-day basis so that the matter can be decided one way or the other on merits. 5. With the afore-said observations, the criminal writ petition in hand is, hereby, disposed of accordingly. 6. Copy of this order be sent to the Registrar, Armed Forces Tribunal, for compliance. (SANJEEV PRAKASH SHARMA) JUDGE April 07, 2025 (MEENAKSHI I. MEHTA) seema JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No SEEMA SHARMA 2025.04.09 15:22 I attest to the accuracy and authenticity of this order/judgment