High Court of Punjab and Haryana refused to quash the FIR despite petitioner's surrender, allowing bail during trial and directing completion within six months due to age of the case.
Prayer for quashing of FIR rejected. Bail allowed pending trial. Order to dispose of trial within six months.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
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Crl. Misc. No. 31166-M of 2008 Date of Decision:- 9.3.2009
Sham Pal Versus State of Punjab
Present:- Mr. Saurav Garg, Advocate, for Mr. R.K.Dadwal, Advocate, for the petitioner. Mr. R.S.Rawat, AAG, Punjab.
M.M.S.BEDI. (J) (Oral)
This petition has been filed for quashing of FIR No. 144, dated 2.8.1997, under Section 61 of Excise Act, registered at Police Station Sadar, Hoshiarpur and all the subsequent proceedings. Petitoner has also challenged order dated 22.11.1999 (Annexure P-3) declaring him proclaimed offender.
Pursuant to the interim orders passed by this Court, petitioner has already put in appearance before the Chief Judicial Magistrate, Hoshiarpur and has been released on interim bail.
Prayer for quashing of FIR has already been rejected. However, petitioner on having voluntarily surrendered before the C.J.M Hoshiarpur, indulgence can be shown to him only to the extent that he will remain on bail against the bail bonds furnished by him before the C.J.M, Hoshiarpur during the pendency of the trial. However, trial Court will take necessary steps to dispose of the trial within a period of six months as the FIR pertaining to the year 1997.
Disposed of with the above observation.
March 9, 2009 tripti
(M.M.S.Bedi) Judge
1 issue framed by the court
Whether the petition for quashing of FIR and subsequent proceedings should be allowed given the petitioner's voluntary surrender.
Sham Pal
State of Punjab
M.M. S. Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
