Punjab & Haryana High Court Weekly Round-Up [August 28- September 03, 2023]

Nominal IndexRaj Bala & another v. Rishabh Birka & others.Case Citation: 2023 LiveLaw (PH) 154Nasri v. State of Haryana and others Citation: 2023 LiveLaw (PH) 155Rajinder Singh @ Baz v. State of Punjab 2023 LiveLaw (PH) 156Goldy v. State of Haryana 2023 LiveLaw (PH) 157Dheeraj Bansal v. M/s Mehar Chand Jewellers and another 2023 LiveLaw (PH)158Gurpreet Singh v. State of Punjab 2023 LiveLaw (PH) 159Jagjit Singh @ Jaggi v. State of Punjab 2023 LiveLaw (PH) 160Gurleen Kaur v. State of Punjab 2023 LiveLaw (PH) 161ReportsHeated Exchange With Judge Alone No Ground For Transfer Of Case: Punjab & Haryana High CourtCase Title: Raj Bala & another v. Rishabh Birka & others.Case Citation: 2023 LiveLaw (PH) 154The Punjab & Haryana High Court recently observed that heated exchange with the presiding of officer of a court alone, cannot be the reason to seek transfer to another Court.Recidivism, Rehabilitation, Community Ties': Punjab & Haryana High Court Pens Down Factors For Grant Of Probation To A ConvictCaseTitle: Nasri v. State of Haryana and othersCitation: 2023 LiveLaw (PH) 155The Punjab & Haryana High Court has laid down sixteen guiding principles to be followed by sentencing Courts while exercising discretion for grant of probation to a convict.No Appearance Despite Issuance Of Summons: Punjab & Haryana High Court Asks Trial Court To Attach Police Officers' SalaryCase Title: Rajinder Singh @ Baz v. State of PunjabCitation: 2023 LiveLaw (PH) 156The Punjab & Haryana High Court recently directed to attach the salary of police officials who failed depose before the Court despite issuance of several summons in a 2021 case under NDPS (Narcotic Drugs and Psychotropic Substances Act, 1985 Act).Victim Turned Hostile, Weak Medical Evidence: Punjab & Haryana High Court Acquits Man Accused Of Committing Sodomy On 14-Yr-OldCase Title: Goldy v. State of HaryanaCase Citation: 2023 LiveLaw (PH) 157The Punjab & Haryana High Court recently acquitted a man sentenced to 20 years imprisonment for allegedly committing sodomy on a 14 years old boy.“the effect(s) of the victim completely resiling from his statements Ex. P-5, and, Ex. P-6, besides the effects of the MLR of the victim, as enclosed in Ex. P-1 also blunting the genesis of the prosecution version, that the victim was not subjected to any penetrative sexual assault by the accused, thus thereby the charges become completely staggered,” said the bench of Justice Sureshwar Thakur and Justice Kuldeep Tiwari.Made It A 'Fairy Tale' : Punjab & Haryana High Court Pulls Up Judicial Officers For Taking Plea “Leisurely” With Long AdjournmentsCase Title: Dheeraj Bansal v. M/s Mehar Chand Jewellers and anotherCitation: 2023 LiveLaw (PH)158The Punjab & Haryana High Court criticised the Judicial Officers for delay in disposing of the plea for cancellation of suspension of sentence in a Negotiable Instrument Act case.Observing that the plea is pending since 2021 and adjourned on multiple occasions, the bench of Justice Mahabir Singh Sindhu said, “A perusal of the above extract clearly reveals that the officers who remained associated with the matter, took it leisurely and instead of treating the appeal as ‘judicial proceedings’, made it virtually a ‘fairy tale’.”Chain Of Evidence Missing: Punjab & Haryana High Court Acquits Man Convicted To 10 Years Imprisonment Under NDPS ActCase Title: Gurpreet Singh v. State of PunjabCase Citation: 2023 LiveLaw (PH) 159The Punjab & Haryana High Court has acquitted a man convicted under the NDPS Act for allegedly possessing 520 grams of contraband, observing that the deficiency in the prosecution does not inspire confidence.Take Action Against Officers Flouting Guidelines For Speedy Trial In NDPS Cases: Punjab & Haryana High Court To StateCase Title: Jagjit Singh @ Jaggi v. State of PunjabCitation: 2023 LiveLaw (PH) 160Taking note of the lackadaisical approach of police officials and prolonged trials, the Punjab & Haryana High Court has held that the State administration should ensure strict action against the officials not complying with the Standard Operating Procedure (SOP) for speedy trial of cases, especially cases under the NDPS Act.Woman Cannot Be Forced To Marry A Person With Whom She Earlier Developed Intimacy: Punjab & Haryana High CourtCase Title: Gurleen Kaur v. State of PunjabCitation: 2023 LiveLaw (PH) 161The Punjab & Haryana High Court has granted anticipatory bail to a woman accused of abetting the suicide of a man with whom she used to have an intimate relationship, by refusing to marry him after.Other DevelopmentsPunjab Govt Undertakes In High Court To Withdraw Notification On Dissolution Of Gram PanchayatsCase Title: Sarabjeet Singh v. State of Punjab & Ors.The Punjab Government today informed the High Court that it will withdraw the notifications which dissolved Gram Panchayats in the State. The bench of Justice Raj Mohan Singh and Justice Harpreet Singh Brar was assured that the decision will be withdrawn within two days.

Punjab & Haryana High Court Weekly Round-Up [August 28- September 03, 2023]

Aiman J. Chishti

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