Petitioner applied for preponement of hearing in Section 482 CPC matter regarding bail. Court allowed preponement but rejected regular bail, dismissing the petition as petitioner failed to surrender after interim bail expired.
Preponement of hearing allowed; application for regular bail dismissed.
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CRM-M No. 8583 of 2020 (O&M)
-1-
In the High Court of Punjab and Haryana at Chandigarh
CRM-M No. 8583 of 2020 (O&M) Date of Decision: 11.12.2020
Mohd. Taimur ......Petitioner
Versus
State of Haryana
.....Respondent
CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL
Present: Mr. Parminder Singh, Advocate for the petitioner.
Mr. Apoorv Garg, DAG, Haryana.
HARNARESH SINGH GILL, J. (ORAL)
Case is taken up for hearing through video conferencing.
CRM-28518-2020
This is an application under Section 482 CPC for preponement of
the main case, which is fixed for hearing on 13.1.2021.
Notice of the application.
On the asking of the Court, Mr. Apoorv Garg, DAG, Haryana, accepts notice on behalf of the State.
Learned counsel for the applicant-petitioner prays that the date of hearing in the main case may be preponed from 13.1.2021 and the case may be taken up for final disposal today itself.
Learned State counsel does not have any objection to the prayer
made by the learned counsel for the applicant-petitioner.
For the reasons mentioned in the application, the same is
allowed.
Main case is preponed from 13.1.2021 and is taken up on board
GURPREET SINGH 2020.12.11 18:56 I attest to the accuracy and integrity of this document Chadigarh
CRM-M No. 8583 of 2020 (O&M) -2-
for hearing today itself.
CRM-M-8583-2020
The petitioner seeks regular bail in FIR No. 0295 dated 23.6.2016 under Sections 279, 336 IPC and Section 13(2) of the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015 and Sections 11 and 12 of Prevention of Cruelty to Animals Act, 1960 registered at Police Station Pehowa, District Kurukshetra.
A perusal of the zimni orders dated 26.3.2020, 13.10.2020 and 23.11.2020, placed on record by the learned State counsel, reveals that the petitioner was granted interim bail for 45 days which was further extended for six weeks and he was directed to surrender before the Magistrate on 24.6.2020, but even after the expiry of interim bail period, he did not surrender before the Magistrate. Non-bailable warrants had also been issued against the petitioner which were duly executed but he has failed to surrender before the Court below.
Keeping in view the above, no ground for grant of regular bail to the petitioner is made out.
The petition is dismissed.
(HARNARESH SINGH GILL) JUDGE
December 11, 2020 Gurpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
GURPREET SINGH 2020.12.11 18:56 I attest to the accuracy and integrity of this document Chadigarh
2 issues framed by the court
Whether grant of regular bail can be ordered when the petitioner failed to surrender after expiry of interim bail despite execution of non-bailable warrants.
Whether the application for preponement of the main case can be allowed.
Mohd. Taimur
State of Haryana
Harnareash Singh Gill
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
