Application for leave to appeal against an acquittal. The court granted leave to appeal, admitted the main appeal for hearing in its turn per roster, deleted the State as an unnecessary party from the array, and exempted the acquitted respondent from furnishing bail or surety bonds on undertaking to surrender if required.
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CRM-A-400-2020
300 CRM-A-400-2020
Rajesh Kumar vs. State of Haryana and another
Present: Mr. Krishan Singh, Advocate for the applicant.
Mr. Ashish Bishnoi, DAG, Haryana for respondent No.1.
Mr. Sandeep Singh Jattan, Advocate for the respondent No.2.
CRM-A-400-2020
Perusal of the file shows that State-respondent No.1 is not necessary party, as such name of the State be deleted from array of the parties.
Registry to do necessary corrections.
Applicant’s counsel submits that the present application was filed against acquittal in the year 2020 and he has a very good case on merit.
Mr. Sandeep Singh Jattan, Advocate has put in appearance on behalf of the respondent and filed his vakalatnama, which is taken on record. He further submits that the judgment of acquittal is well reasoned and leave to appeal should not be granted. He further submits that in case, this Court grants leave to appeal and admit the main appeal, its turn will not come for hearing for decades, as such pendency of the appeal may be treated inconsequential for the respondent.
Leave to appeal granted.
Counsel for the respondent submits that he be exempted from furnishing bail bonds/surety bonds before the concerned trial Court or Chief Judicial Magistate. He undertakes to surrender before the majesty of Court as and when this Court directed to do so or in case of reversal of the judgment.
Given such undertaking, there shall be no need to furnish bail bonds/surety bonds by the respondent.
Main appeal
Admit.
List for final hearing on its own turn as per its queue following the roster.
(ANOOP CHITKARA)
JUDGE
13.08.2024 ANJU RANI 2024.08.15 10:18 anju rani I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh
1 issue framed by the court
Should leave to appeal be granted against the acquittal of the applicant?
Rajesh Kumar
State of Haryana
respondent No. 2
Anoop Chitkara
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
