Dismissed

Jitender v. State of Haryana and Another

Punjab & Haryana HC15 Jan 2019CRM-M/55937/2018

Case brief

AI extract

What is this about?

In this single-judge order, the Division Bench of the Punjab and Haryana High Court dismissed the petition under Section 439(2) Cr.P.C. urging cancellation of bail. The Court reiterated that such petitions must be filed before the Sessions Court first and allowed only if challenging that order in this Court.

What did the court decide?

The petition for cancellation of bail was dismissed with a direction to file the application before the Additional Sessions Judge, Gurugram.

Jitender Vs State of Haryana and Another — Criminal Trial and Appeal | Punjab & Haryana HC (2019)

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In the High Court of Punjab and Haryana, at Chandigarh

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Criminal Misc. No. M-55937 of 2018

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Date of Decision: 15.01.2019

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Jitender

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... Petitioner(s)

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Versus State of Haryana and Another ... Respondent(s)

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CORAM: Hon'ble Mr. Justice Shekher Dhawan.

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Present: Mr. Naresh Singh Shekhawat, Advocate for the petitioner(s).

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Shekher Dhawan, J.

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Present petition under Section 439(2) Cr.P.C. for seeking cancellation of bail granted to respondent No.2-Dharmender alias Dharmi vide order dated 12.10.2018, passed by the learned Additional Sessions Judge, Gurugram in case FIR No. 321 dated 18.07.2016, registered under Section(s) 302, 323, 307, 506 & 120-B IPC and Section 25 of the Arms Act, 1959 at Police Station Badshahpur, Gurugram.

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Learned counsel for the petitioner contended that the learned Additional Sessions Judge, Gurugram completely ignored the fact that earlier, petition for grant of regular bail was filed by respondent No.2 before this Court vide CRM-M-4625-2017 and the same was dismissed vide order dated 28.08.2017 (Annexure P2). Learned counsel further contended that while ignoring all these facts, the learned trial Judge granted regular bail to

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DEEPAK KUMAR BHARDWAJ2019.01.15 16:27 respondent No.2. I attest to the accuracy and integrity of this document

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Criminal Misc. No. M-55937 of 2018 2

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As per the provisions of Section 439(2) Cr.P.C., present petition is maintainable before the same Court and let the petitioner move the same application before the learned Additional Sessions Judge, Gurugram by taking all the pleas and in case he is still aggrieved of an order, passed by the learned trial Judge, he will challenge the same before this Court, as per law. Thus, present petition stands dismissed.

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( Shekher Dhawan) Judge January 15, 2019 “DK” Whether speaking/reasoned :Yes/No Whether reportable : Yes/No

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DEEPAK KUMAR BHARDWAJ 2019.01.15 16:27 I attest to the accuracy and integrity of this document

Jitender v. State of Haryana and Another

Case brief

What is this about?

What did the court decide?

Jitender v. State of Haryana and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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