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Kamal Sabharwal v. State of Haryana

Punjab & Haryana HC17 Jan 2018CRM-M/1647/2018

Case brief

AI extract

What is this about?

The High Court, noting the petitioner's readiness to appear in a pending appeal due to prior illness, set aside an order dismissing an exemption application and issuing non-bailable warrants. The petitioner was directed to appear for bail to be considered.

What did the court decide?

The order dated 19.12.2017 was set aside; interim protection granted; petitioner directed to appear to seek bail.

Kamal Sabharwal Vs State of Haryana — Bail and Remand | Punjab & Haryana HC (2018)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-1647-2018 Date of decision: 17.01.2018

Kamal Sabharwal

...Petitioner

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

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Present: Mr. Manoj Kumar Sood, Advocate, for the petitioner.

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JAISHREE THAKUR, J. (ORAL)

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This is a petition that has been filed under Section 482 Cr.P.C. for issuance of a direction for quashing order dated 11.12.2017 (Annexure P-4) vide which exemption application for appearance of the petitioner has been dismissed and non-bailable warrants have been issued against him in appeal which is pending before Addl. Sessions Judge, Faridbad.

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Learned counsel for the petitioner contends that it is only on account of the ill health and surgery he had undergone that he was unable to appear before the Court in the appeal on the date fixed. He submits that the petitioner herein is ready to appear before the Court on 22.01.2018, the date already fixed.

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Without going into the merits of the case and taking note of the fact that the petitioner herein is ready to appear in appeal which is pending before Addl. Sessions Judge, Faridabad, the order dated 19.12.2017 is set aside.

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Satyawan 2018.01.17 17:15 I attest to the accuracy and authenticity of this document High Court Chandigarh

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CRM-M-1647-2018

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-2-

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The petitioner is hereby directed to appear before the Court in the appeal on 22.01.2018, the date already fixed and on doing so the Court concerned shall release him on bail subject to its satisfaction.

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However, it is made clear that in case the petitioner does not appear before the Court where the appeal is pending on 22.1.2018, the date already fixed, any interim protection granted today shall stand automatically vacated.

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The petition stands disposed of.

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17.01.2018 Satyawan

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(JAISHREE THAKUR) JUDGE

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Whether speaking/reasoned Yes. Whether reportable No.

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Satyawan 2018.01.17 17:15 I attest to the accuracy and authenticity of this document High Court Chandigarh

Kamal Sabharwal v. State of Haryana

Case brief

What is this about?

What did the court decide?

Kamal Sabharwal v. State of Haryana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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