This petition under Section 482 Cr.P.C. sought quashing of an order declaring the petitioner a proclaimed offender despite non-service. The High Court disposed of the petition by granting bail contingent upon appearance and furnishing heavy surety.
Direction to release on bail upon appearance and furnishing heavy surety.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. M. No.M-10063 of 2012 Date of Decision:17.4.2012
Mukesh Goel and another
.... Petitioners
Versus
Employee State Insurance Corporation
.... Respondent
CORAM: Hon'ble Ms. Justice Nirmaljit Kaur
Present: Mr. Rakesh Verma, Advocate for the petitioners.
1.Whether Reporters of Local Newspapers may be allowed to see the judgment?
2.To be referred to the Reporters or not?
3.Whether the judgment should be reported in the Digest?
NIRMALJIT KAUR, J.(Oral)
The present petition has been filed under Section 482 Cr.P.C. for quashing of Order dated 22.3.2012 (Annexure P-3) in complaint case No.20/03/05 dated 22.1.2003 under Section 85(e) of the Employees' State Insurance Act, 1948 pending in the Court of learned Sub Divisional Judicial Magistrate, Bahadurgarh, District Jhajjar.
It is contended that the petitioner was not served. However, has been declared proclaimed offender. It is further submitted the petitioner is ready to surrender and appear before the trial Court with an undertaking that he shall appear before the trial Court on each and every date of hearing.
In view of the above, without going into the merits of the case, the present petition is disposed of with a direction that in case the petitioner puts in appearance before the trial Court on or before the next date of hearing fixed before it and moves an application for regular bail, he shall be released on bail on his furnishing heavy surety as well as undertaking that he shall appear on each and every date of hearing to its satisfaction.
17.4.2012 rajeev
( NIRMALJIT KAUR ) JUDGE
1 issue framed by the court
Whether the petitioner qualifies for bail upon appearance and furnishing heavy surety in a summons non-service scenario.
2 provisions across 2 enactments
Mukesh Goel and another
Employee State Insurance Corporation
Nirmaljit Kaur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
