Punjab & Haryana High Court Weekly Round-Up: July 17 To July 23

A weekly round-up of important cases from the Punjab & Haryana High Court:Nominal Index1.Gurjinder Singh @ Ginda v. State of Punjab2.Arvind Kumar Sharma v. State of Punjab and others3.X v. Union of India and others4.Ram Baksh @ Ramu v. State of Punjab5.Mohan Lal @ Mohan v. UOI and all connected matters1. Contraband Sent In Unsealed Condition To Malkhana After Examination At FSL': Punjab & Haryana HC Acquits Man Sentenced To 10 Years Jail In NDPS CaseCase Title: Gurjinder Singh @ Ginda v. State of PunjabThe Punjab & Haryana High Court has acquitted a man convicted under Section 22(c) of the NDPS Act, on the ground that after examining the contraband, the chemical examiner at the Forensic Science Laboratory (FSL) failed to "re-enclose" it inside the cloth parcels and emboss the seals of the FSL on it.2. Security To Be Provided If Threat Perception Genuine But Don’t Attend Weddings, Parties: Punjab & Haryana High Court To Hindu Outfit LeaderCase Title: Arvind Kumar Sharma v. State of Punjab and othersThe Punjab & Haryana High Court has directed the Punjab Police to provide security to Arvind Kumar Sharma, who claims to be a senior BJP leader and National President of Hindu Shakti Sangathan, in case he has "any genuine threat perception", on the condition that he will not attend any public functions like wedding or parties during such threat perception.3. Constable Serving Since 1985 Denied Promotion Allegedly On Ground Of Being HIV+, Punjab & Haryana High Court Directs Centre To Take DecisionCase Title: X v. Union of India and othersThe Punjab & Haryana High Court has directed the Union government to pass a speaking order on a Constable's demand for promotion to Head Constable General Duty post. The Constable, who is with a Central Armed Police Force, said he was being denied promotion only because he is a patient of HIV+.4. Notice U/S 41-A CrPC Not Issued, Punjab & Haryana High Court Grants Bail To Accused In Case Alleging Forgery Of AAP MLA’s Signatures On Sale DeedsCase Title: Ram Baksh @ Ramu v. State of PunjabThe Punjab & Haryana High Court has granted bail to a man in a case alleging forgery of AAP MLA’s signature on sale deeds, on the ground that the mandatory requirement of giving notice before arrest under Section 41-A CrPC, as laid down in the Arnesh Kumar judgment, to the accused in cases where offences are punishable for seven years or less, was not complied with by the Police.5. Passport May Be Issued If 5 Years Have Elapsed After Conviction, Even If Appeal Is Pending: Punjab & Haryana High CourtCase Title: Mohan Lal @ Mohan v. UOI and all connected mattersThe Punjab & Haryana High Court has held that the bar for not issuing a passport will not apply to the person convicted of an offence for not less than 2 years, after the passing of 5 years of conviction, even if the appeal is pending. “It is well known fact that conclusion of trial in India takes quite long time. Passing of 5 years period post-conviction, primarily though not absolutely, makes possibility of the applicant to flee from justice abysmally low,” said Justice Jagmohan Bansal.

Punjab & Haryana High Court Weekly Round-Up: July 17 To July 23

Aiman J. Chishti

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