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2025 DAILYLAW 60286 (PNJ)

SUJINDER MALIK v. STATE OF HARYANA

CRM-M/28317/2025 · 2025-07-01

Sanjiv Berry

body2025

Judgment text

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206 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-28317-2025 Date of decision:01.07.2025 SUJINDER MALIK ….PETITIONERS Versus STATE OF HARYANA ...RESPONDENT CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY Present: - Mr. Japjit Singh Johal, Advocate for the petitioner. Mr. Surender Singh, AAG, Haryana. SANJIV BERRY, J. (ORAL) By way of present petition filed under Section 482 of BNSS, 2023, petitioner seeks anticipatory bail in case FIR as under: FIR No. Dated Sections Police Station 205 02.04.2020 61 of the Punjab Excise Act, 1914 and Section 188, 120-B of IPC Hisar Sadar, District Hisar. 2. Status report dated 29.06.2025 in the form of an affidavit of Deputy Superintendent of Police, Women Safety, Hisar, has been filed. The same is taken on record. Copy thereof has been supplied to learned counsel for the petitioner, who seeks time to go through the same and to address arguments. 3. It is, inter alia, contended by learned counsel for the petitioner that in compliance to the order passed by this Court on 22.05.2025, the petitioner has appeared before the learned trial Court and furnished the requisite bail bonds. 4. This aspect is not disputed by learned State counsel. 5. During the course of hearing on 22.05.2025 following order was passed: - KANIKA 2025.07.03 18:23 I attest to the accuracy and authenticity of this order/judgment 206 CRM-M-28317-2025 2 “ 2. Heard. 3. It is, inter alia, contended by learned counsel for the petitioner that the petitioner after having been granted concession of bail in case FIR (supra) had been regularly appearing in the learned Trial Court, however, on account of being hit by gun shot and suffered serious injuries, the petitioner could not appear in the Court, leading to cancellation of his bail and issuance of non-bailable warrants of arrest and consequently issuance of proclamation under Section 82 Cr.PC pending for 10.06.2025 vide order Annexure P-6 passed by learned Additional Chief Judicial Magistrate, Hisar. He contends that the petitioner had to undergo extensive medical treatment and had remain in trauma for more than 01 year at Artemis Hospital Gurugram. He contends that the petitioner will regularly appear in the Court on each and every date of hearing without fail and face the trial. 4. Notice of motion, returnable for 01.07.2025. 5. On the asking of the Court, Mr. Jatinder Pal Singh, Sr. DAG Punjab, who is present in Court, accepts notice and does not dispute the factual matrix of the case. He submits that the proclamation under Section 82 Cr. PC had been issued returnable for 10.06.2025 by the learned Additional Chief Judicial Magistrate, Hisar. 6. Be it the case, without commenting on the merits of the case, the petitioner is directed to appear before the learned Trial Court/Judge on duty/Duty Magistrate within a period of 07 days from today and in that event, learned Trial Court/Judge on duty/Duty Magistrate will admit the petitioner on interim bail subject to its satisfaction on his furnishing requisite bail/surety bonds, however, subject to deposit of a cost of Rs. 5,000/- in the District Legal Services Authority, Hisar, before furnishing bail/surety bonds. KANIKA 2025.07.03 18:23 I attest to the accuracy and authenticity of this order/judgment 206 CRM-M-28317-2025 3 7. The petitioner shall also furnish a specific undertaking before the learned Trial Court/Judge on duty that, in future, he would be regularly appearing before the concerned Court on each and every date and in case of some exigency, he will seek prior permission of the concerned Court qua his exemption to appear on the date fixed. 8. The Trial Court is directed to communicate the order on the appearance of the petitioner in this Court immediately, through appropriate channel well before the date of hearing. 9. Copy of this order be given to learned counsel for the petitioner under the signature of the Bench Secretary of this Court.” 6. Keeping in view the fact that the petitioner has already appeared before the learned trial Court and furnished his requisite bail/surety bonds consequent to the order dated 22.05.2025, passed by this Court, the present petition is allowed. The order dated 19.04.2025 passed by the learned Additional Chief Judicial Magistrate, Hisar, stands quashed and the interim bail granted vide order dated 22.05.2025 is hereby confirmed. 7. The petition stands disposed of. (SANJIV BERRY) JUDGE 01.07.2025 kanika i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No KANIKA 2025.07.03 18:23 I attest to the accuracy and authenticity of this order/judgment