Punjab & Haryana High Court Weekly Round Up- February 12 To February 18, 2024

Nominal IndexSohan Singh v. State of Punjab & ors. 2024 LiveLaw (PH) 40State of Haryana v. XXXX 2024 LiveLaw (PH) 41Jaikam Deen v. State of Haryana and others. 2024 LiveLaw (PH) 42XXX v. XXX 2024 LiveLaw (PH) 43 Varsha v. State of Haryana 2024 LiveLaw (PH) 44Avinash Dalmotra v. State of Punjab & others. 2024 LiveLaw (PH) 45 Pohlu @Polu Ram v. State of Haryana and others 2024 LiveLaw (PH) 46Ravi Shanker Gupta v. State of Haryana and another. 2024 LiveLaw (PH) 47Amrik Singh and others v. Central Bureau of Investigation, Chandigarh 2024 LiveLaw (PH) 48 Dr. William Dean v. State of Punjab & another. 2024 LiveLaw (PH) 49 Nishan Singh v. State of Punjab & others 2024 LiveLaw (PH) 50'Animals Have Right To Dignity, Bodily Integrity': Punjab & Haryana High Court Refuses To Quash FIR For Killing Buffaloes By Rash DrivingCitation: 2024 LiveLaw (PH) 40Title: Sohan Singh v. State of Punjab & ors.The Punjab and Haryana High Court has refused to quash an FIR on the basis of compromise, lodged for killing and injuring buffaloes by rash and negligence driving, observing that animals require self-determination and have "right to bodily integrity, honour and dignity." Justice Harsh Bunger opined that, "animals may be mute but we as a society have to speak on their behalf and no pain or agony should be caused to the animals. Cruelty to animals also cause psychological pain to them. Animals breathe like humans and have emotions; they require food, water, shelter, normal behavior, medical care, self-determination. The animals have a right to life and bodily integrity, honor and dignity. Animals cannot be treated merely as property."Punjab & Haryana High Court Commutes Death Sentence Of Man Who Raped His Minor Daughter, Cites His Marginalised BackgroundCitation: 2024 LiveLaw (PH) 41Title: State of Haryana v. XXXXThe Punjab and Haryana High Court has commuted the death sentence imposed on a man convicted for raping his own minor daughter, considering that he belonged to a marginalised part of the society.A division bench of Justice GS Sandhawalia and Justice Lapita Banerji said, "No doubt that the act as such is horrific and there can be no sympathy shown on the account of the fact that the accused has two more children..."Brazen Misuse Of Provisions: P&H High Court Pulls Up Panchayat For Arbitrary Demolition Of Village Properties In Violation Of Court's OrdersCitation: 2024 LiveLaw (PH) 42Title: Jaikam Deen v. State of Haryana and others.The Punjab & Haryana High Court has pulled up the Panchayat and Sarpanch of certain villages, for "arbitrary demolition of structures" in violation of High Court's ruling on guidelines on Gram Panchayat's authority on initiating demolition proceedings.A division bench of Justice Sureshwar Thakur and Justice Lalit Batra said, "In consequence for obviating the further perpetuation of arbitrary and brazen misuse of provisions (of Haryana Panchayat Raj Act) by the Sapranches concerned, this Court makes a direction, upon, the Registry of this Court to forthwith transmit the verdict (Karambir and others v. State of Haryana and others) to the Principal Secretary (Revenue), to the Government of Punjab and also to the Principal Secretary (Revenue), to the Government of Haryana, who shall thereafter transmit the same to all the Panchayats concerned, so that complete compliance thereto thus, is made by all concerned."[S.498A IPC] Non-Recovery Of Dowry Articles Cannot Be Only Ground For Denying Anticipatory Bail To Husband: Punjab & Haryana High CourtCitation: 2024 LiveLaw (PH) 43Title: XXX v. XXXThe Punjab & Haryana High Court has held that non-recovery of dowry articles cannot ordinarily be the only grounds for declining a plea for grant of anticipatory bail to a husband or his relatives, accused of cruelty.These observations came in a plea by the husband who was seeking anticipatory bail for the offenses of allegedly committing cruelty upon his wife under Sections 406, 498-A IPC. Opposing the bail, the wife argued that the entire dowry articles were yet to be recovered from the petitioner who is intentionally avoiding handing them over.Being Detained While Pregnant May Negatively Impact Mother, Unborn Child: Punjab & Haryana High Court Grants Interim Bail To Murder AccusedCitation: 2024 LiveLaw (PH) 44Title: Varsha v. State of HaryanaThe Punjab & Haryana High Court has granted interim bail for three months, to an eight-month pregnant woman accused in a murder case observing that being detained while pregnant may lead to heightened stress levels, which can negatively impact both the mother and the unborn child.Justice Harkesh Manuja said, "Detention facilities might not be equipped to provide the necessary medical care and attention that pregnant women require and thus, grant of interim bail allows them to access proper medical facilities and prenatal care, which is crucial for their well-being and the well-being of their unborn child. Further, being detained while pregnant may lead to heightened stress...

Punjab & Haryana High Court Weekly Round Up- February 12 To February 18, 2024

Aiman J. Chishti

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