Punjab-Haryana High Court
Asif Fazlani vs State Of Haryana And Another on 2 November, 2023
Neutral Citation No:=2023:PHHC:139539
132 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Neutral Citation No. 2023:PHHC:139539
CRM-M-54002-2023 (O&M)
Date of Decision: November 02, 2023
Asif Fazlani ...Petitioner
Versus
State of Haryana ...Respondent
CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Amit Choudhary, Advocate for the peitioner.
DEEPAK GUPTA, J.(Oral)
Petitioner is one of the accused, who is facing trial in a criminal complaint No.139/2020, titled as "Rakesh Dahiya v. Pawan Kumar and others", under Sections 18(C), 27(b)(2) of the Drugs and Cosmetic Act, 1940, in the Court of learned Addl. Sessions Judge, Panipat. He had been allowed bail in that case. However, he absented on 20.10.2022, due to which his bail was cancelled; bonds were forfeited and warrants of arrest were directed to be issued against the petitioner.
2. Learned counsel for the petitioner contends that petitioner is ready to surrender before the Trial Court and he be provided necessary protection.
3. Notice of motion.
4. Mr. Randhir Singh, Addl. A.G., Haryana accepts notice on behalf of respondent -State.
5. Learned State counsel has drawn attention towards the conduct of the petitioner and has prayed for dismissal of the petition.
6. This petition is hereby disposed of with a direction to the petitioner to surrender before the Trial Court on or before 20.11.2023. On his such surrender, the Trial Court shall initiate the proceedings under 1 of 2 ::: Downloaded on - 03-11-2023 03:54:20 ::: Neutral Citation No:=2023:PHHC:139539 Neutral Citation No. 2023:PHHC:139539 CRM-M-54002-2023 (O&M) -2- Section 446 Cr.P.C. against the petitioner and after disposal of those proceedings, shall grant bail to him. Till the disposal of the proceedings under Section 446 Cr.P.C., the petitioner shall not be taken into custody. If in the meantime, due to issuance of warrants of arrest against the petitioner, he is sought to be arrested, he shall be admitted to interim bail to the satisfaction of the Investigating Officer.
Disposed of.
November 02, 2023 (DEEPAK GUPTA)
sarita JUDGE
Whether reasoned/speaking: Yes/No
Whether reportable: Yes/No
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