Punjab & Haryana High Court Annual Digest 2023 - Part II [Citations 151-277]

Nominal Index

Gurdarshan Singh Gill v. UOI 2023 LiveLaw (PH) 151

Sukhbir Singh Badal vs. State of Punjab and another 2023 LiveLaw (PH) 152

Case Title: Sukhwinder Singh v. State of Punjab and others Case Citation: 2023 LiveLaw (PH) 153

Raj Bala & another v. Rishabh Birka & others. 2023 LiveLaw (PH) 154

Nasri v. State of Haryana and others 2023 LiveLaw (PH) 155

Rajinder Singh @ Baz v. State of Punjab 2023 LiveLaw (PH) 156

Goldy v. State of Haryana 2023 LiveLaw (PH) 157

Dheeraj Bansal v. M/s Mehar Chand Jewellers and another 2023 LiveLaw (PH)158

Gurpreet Singh v. State of Punjab 2023 LiveLaw (PH) 159

Gurleen Kaur v. State of Punjab 2023 LiveLaw (PH) 160

Lalit Kumar v. State & ors. 2023 LiveLaw (PH) 161

Sumit Kumar v. State of Punjab 2023 LiveLaw (PH) 162

Sunna & Ors. v. Union of India 2023 LiveLaw (PH) 163

Amarnath Ram v. Union of India and others 2023 LiveLaw (PH) 164

Zile Singh v. Joginder Singh and ors. 2023 LiveLaw (PH) 165

Chandeep Singh @ Gabbar Singh v. National Investigation Agency 2023 LiveLaw (PH) LiveLaw (PH) 166

Subhash v. State of Haryana & Ors. LiveLaw (PH) 167

Dhananjay Chauhan v. Sanjeev Kaushal and others LiveLaw (PH) 171 2023 LiveLaw (PH) 168

Bharat Kumar v. State of Kumar 2023 LiveLaw (PH) 169

Rampal v. State of Haryana 2023 LiveLaw (PH) 170

Court on Its own Motion v. State of Punjab 2023 LiveLaw (PH) 171

Binder Kaur and and. v. State of Punjab & Ors. 2023 LiveLaw (PH) 172

Tulsi Ram Mishra v. State of Punjab and others 2023 LiveLaw (PH) 173

Ravinder Singh Thakur v. State of Punjab and others 2023 LiveLaw (PH) 174

K.K. Rao v. State Of Haryana 2023 LiveLaw (PH) 175

Balwinder Singh v. Union of India and others 2023 LiveLaw (PH) 176

Gurnam Singh v. State of Punjab. & anr. 2023 LiveLaw (PH) 177

Ashish Kapoor v. State of Punjab 2023 LiveLaw (PH) 178

M/s Luxi Saraswati Agro Pvt Ltd v. State of Punjab 2023 LiveLaw (PH) 179

Vikram Kumar & Ors. v. State of U.T. Chandigarh and others 2023 LiveLaw (PH) 180

X v. State of Punjab and Ors. 2023 LiveLaw (PH) 181

Gurnam Singh v. State of Punjab and others 2023 LiveLaw (PH) 182

Mohammad Rayyan Ansari v. State of Haryanam 2023 LiveLaw (PH) 183

Satbir v. State of Haryana 2023 LiveLaw (PH) 184

Ravdeep Kaur v. State of Punjab & Ors. 2023 LiveLaw (PH) 185

Justice Daya Chaudhary v. UOI & Ors. 2023 LiveLaw (PH) 186

Rajak v. State of Haryana and others 2023 LiveLaw (PH) 187

Khushi Ram @ Happy v. State of Punjab 2023 LiveLaw (PH) 188

Saniay Rai v. State of Puniab and another 2023 LiveLaw (PH) 189

Bipandeep Kaur and others v. Municipal Corporation, Ludhiana through its Municipal Commissioner 2023 LiveLaw (PH) 190

Chandani v. Bank of India and other 2023 LiveLaw (PH) 191

Kuldeep Singh @ Sonu v. State of Punjab 2023 LiveLaw (PH) 192

Nisha rani v. State of Punjab and others 2023 LiveLaw (PH) 193

Gursharan Singh v. State of Punjab and others 2023 LiveLaw (PH) 194

Rajesh Kumar Sharma and others v. State of Punjab and others 

2023 LiveLaw (PH) 195

Jyotsana Rawat and others v. State of Punjab and others 2023 LiveLaw (PH) 196

X v. State of Punjab 2023 LiveLaw (PH) 197

Raj Jit Singh Hundal v. State of Punjab & others 2023 LiveLaw (PH) 198

Ashish Kapoor v. State of Punjab 2023 LiveLaw (PH) 199

X v. State of Haryana & Ors. 2023 LiveLaw (PH) 200

Sukhpreet Kaur v. State of Punjab 2023 LiveLaw (PH) 201

Parveen Kumar v. State of Haryana : 2023 LiveLaw (PH) 202

The Mahabir Education Welfare Society v. The State of Haryana and others 2023 LiveLaw (PH) 203

Mohit Bedi v. State of Punjab 2023 LiveLaw (PH) 204

X v. State of Punjab & Ors 2023 LiveLaw (PH) 205

Kuldeep Singh v. State of Punjab and another 2023 LiveLaw (PH) 206

Sukhwinder Singh through his SPA & Ors. v. State of Punjab & Anr. 2023 LiveLaw (PH) 207

Kulwinder Singh v. State of Punjab 2023 LiveLaw (PH) 208

Gulab Singh v. State of Haryana & Ors. 2023 LiveLaw (PH) 209

Samsu @ Shamshuddin v. State of Haryana 2023 LiveLaw (PH) 210

Pardeep Kumar v. UOI & Ors 2023 LiveLaw (PH) 211

Roop Bansal v. Union of India and another 2023 LiveLaw (PH) 212

Kapil v. State of Haryana and others 2023 LiveLaw (PH) 213

Sucheta Garg and others v. Vineet Garg and others 2023 LiveLaw (PH) 214

JAGDISH SINGH v. STATE OF PUNJAB 2023 LiveLaw (PH) 215

LT. COL. INDER SINGH KALAAN (DECEASED) THROUGH LRs. AND OTHERS v. STATE OF HARYANA AND ORS. 2023 LiveLaw (PH) 216

SHIVAM TANWAR AND OTHERS v. STATE OF HARYANA AND OTHERS 2023 LiveLaw (PH) 217

Title: Ravinder @ Bhola v. State of Haryana 2023 LiveLaw (PH) 218

Joginder Singh v. State of Haryana 2023 LiveLaw (PH) 219

Rajinder Kaur v. State of Punjab 2023 LiveLaw (PH) 220

Kavita Devi and others v. United India Insurance Company Limited 2023 LiveLaw (PH) 221

Saint Gurmeet Ram Rahim Singh Insan v. State of Punjab and another 2023 LiveLaw (PH) 222

RAJWINDER KAUR AND ANR. v. STATE OF HARYANA AND ORS 2023 LiveLaw (PH) 223

DHEERAJ GARG v. STATE OF HARYANA AND OTHERS 2023 LiveLaw (PH) 224

Gursewak Singh v. State of Punjab 2023 LiveLaw (PH) 225

Reena Devi & And. v. State of Punjab & Ors 2023 LiveLaw (PH) 226

Mritunjay Kumar v. State of Punjab & another 2023 LiveLaw (PH) 227

IMT Industrial Association and another v. State of Haryana and another 2023 LiveLaw (PH) 228

X v. State of Haryana & Ors 2023 LiveLaw (PH) 229

Parminder Singh @ Dimpy v. State of Punjab 2023 LiveLaw (PH) 230

Harinder Singh v. Rajinder Singh 2023 LiveLaw (PH) 232

Reliance General Insurance Co. Ltd. v. Rajni and others And Shakuntla and another v. Manjeet and others 2023 LiveLaw (PH) 240

Rashpal Singh v. State of Punjab X & Anr. v. UOI & Ors.LiveLaw 2023 (PH) 233

Pardeep Kumar v. State of Punjab and another 2023 LiveLaw (PH) 234

X v. State of Haryana 2023 LiveLaw (PH) 235

Jitendra Singh and another v. State of Punjab and others 2023 LiveLaw (PH) 236

Anil Kumar v. State of Haryana 2023 LiveLaw (PH) 237

Kashmir Singh v. State of Punjab 2023 LiveLaw (PH) 238

Joginder Singh v. State of Punjab & Others, CWP 3474-2021 (O&M) 2023 LiveLaw (PH) 239

Ram Rattan & Ors. v. State of Haryana & Ors. 2023 LiveLaw (PH) 240

Shalu Arora v. Tanu Bathla 2023 LiveLaw (PH) 241

Charanjit Sharma and Another v. State of Punjab and Other 2023 LiveLaw (PH) 242

Nirmal Singh alias Nimma v. State of Punjab 2023 LiveLaw (PH) 243

Arun Bhardwaj v. State of Punjab 2023 LiveLaw (PH) 244

Baby v. State of Punjab & Anr. 2023 LiveLaw (PH) 245

Riya v. State of Haryana and others2023 LiveLaw (PH) 246

Charanjit Singh @ Channi v. State of Punjab 2023 LiveLaw (PH) 247

X v. Haryana 2023 LiveLaw (PH) 248

Madan Mohan Mittal and another v. U.T. Chandigarh and others with connected matters 2023 LiveLaw (PH) 249

Shruti Bedi v. Punjab University & Ors. 2023 LiveLaw (PH) 250

 Sarabjeet Singh Kalsi v. State Of Punjab & Ors.2023 LiveLaw (PH) 251

Paramjit Kaur v. State of Haryana 2023 LiveLaw (PH) 252

Munesh Devi v. State of Haryana 2023 LiveLaw (PH) 253

Rahul Sharma v. State of Punjab 2023 LiveLaw (PH) 254

KRISHNA DEVI & OTHERS v. LAL CHAND AND ANOTHER 2023 LiveLaw (PH) 255

Karam Singh Alias Salu v. State of Punjab 2023 LiveLaw (PH) 256

Monu v. State of Haryana and another 2023 LiveLaw (PH) 257

Paramjit Singh Sandhu v. State of Punjab and others and other connected matters. 2023 LiveLaw (PH) 258

Zakir Hussain and Another v. State of Haryana and Others 2023 LiveLaw (PH) 259

X v. Y 2023 LiveLaw (PH) 260

Pranav Gupta v. Union of India & Anr. 2023 LiveLaw (PH) 261

Amanjot Kaur v. State of Punjab 2023 LiveLaw (PH) 262

Sukhmanjit Singh Dhindsa v. State of Punjab and others 2023 LiveLaw (PH) 263

Harmeet Lal v. State of Punjab & Ors. 2023 LiveLaw (PH) 264

Sakshi Babbar v. RBI & Anr. 2023 LiveLaw (PH) 265

Bal Amrit Singh v. UOI & Ors. 2023 LiveLaw (PH) 266

Central Bureau of Investigation v. Arvinderjeet Kaur Puri 2023 LiveLaw (PH) 267

Gurnishan Singh @ Shano Nihang v. State of Punjab 2023 LiveLaw (PH) 268

X v. State of Haryana 2023 LiveLaw (PH) 269

Shikha and others v. State of Haryana and others2023 LiveLaw (PH) 270

State of Punjab v. Palwinder Singh 2023 LiveLaw (PH) 271

Dr. Rachna Raina v. State of Haryana 2023 LiveLaw (PH) 272

Rajiya v. State of Haryana 2023 LiveLaw (PH) 273

Shokeen v. State of Haryana 2023 LiveLaw (PH) 274

Bhupinder Singh @ Sheru v. State of Punjab 2023 LiveLaw (PH) 275

Gaurav Chawla v. State of U.T. Chandigarh 2023 LiveLaw (PH) 276

Balkar Singh v. Sucha Singh 2023 LiveLaw (PH) 277

REPORTS

'Gross Apathy Towards Public Interest': Punjab & Haryana High Court Imposes 1 Lakh Cost On Plea Challenging Land Acquisition By NHA

Case Title: Gurdarshan Singh Gill v. UOI

Citation: 2023 LiveLaw (PH) 151

The Punjab & Haryana High Court recently dismissed a plea challenging the land acquisition by NHAI for the Ambala-Chandigarh Highway and imposed a cost of Rs.1 lakh on the petitioner for lack of empathy for the larger public interest.

The division bench of Justice Sureshwar Thakur and Justice Kuldeep Tiwari criticised the petitioner for obstruction in giving possession of the land and said,

“...apathy of the petitioner to the larger public interest, rather his focusing on his individualistic interest, is required to be deprecated. Therefore, the petition is dismissed with costs of Rs.1,00,000/- to be forthwith deposited in the Poor Patient Fund of the P.G.I.M.E.R., Chandigarh.”

P&H High Court Quashes FIR Against Ex-Dy CM Sukhbir Badal Over 'Violating' Prohibitory Orders During COVID Pandemic

Case title - Sukhbir Singh Badal vs. State of Punjab and another 

Case Citation: 2023 LiveLaw (PH) 152

The Punjab and Haryana High Court today quashed an FIR lodged against former Deputy Chief Minister and present Member of Parliament Sukhbir Badal in 2021 for allegedly violating prohibitory orders during the COVID pandemic.

"In a democratic country, if a well-established political person, on hearing serious complaints regarding any public issue, decides to verify the same by visiting the spot itself, it cannot be said that he intended to violate any promulgation issued by any government under Section 3 of the Epidemic Diseases Act, 1897 or Disaster Management Act, 2006," the bench of Justice Anoop Chitkara said as it allowed Badal's plea to quash FIR.

Recording Adverse Remarks In Transfer Orders Uncalled For, Should Not Be Used Against Transferee Officer: Punjab & Haryana High Court

Case Title: Sukhwinder Singh v. State of Punjab and others

Case Citation: 2023 LiveLaw (PH) 153

The Punjab & Haryana High Court has observed that recording adverse remarks in transfer orders such as “having links with accused indulging in intoxicant material and illegal mining” is not called for and should not be used against him.

While acknowledging that the respondents are well within their competence to transfer an employee for administrative reasons or for any reason as found justifiable, Justice Gurvinder Singh Gill said.

Heated Exchange With Judge Alone No Ground For Transfer Of Case: Punjab & Haryana High Court

Case Title: Raj Bala & another v. Rishabh Birka & others.

Case Citation: 2023 LiveLaw (PH) 154

The 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.

"It has to be kept in mind that during the course of arguments, at times, though not called for, temperatures do run high. However, this alone would not be reason enough for an apprehension to crop up in the minds of any of the parties that they would not get justice from the Court concerned,' said the bench of Justice Vikram Aggarwal.

'Recidivism, Rehabilitation, Community Ties': Punjab & Haryana High Court Pens Down Factors For Grant Of Probation To A Convict

CaseTitle: Nasri v. State of Haryana and others

Citation: 2023 LiveLaw (PH) 155

The 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.

A bench of Justice Arun Monga observed that Probation of Offenders Act was enacted to providing the offenders with a chance to reform rather than dumpling into jails.

“Probation can thus also be termed as an alternative form of punishment envisaged within the criminal justice system. In my opinion, following principles or what can be termed as potential benefits of release on probation ought to be kept in mind by the learned sentencing Courts below for exercise of judicial discretion to grant probation, provided a deserving case is made out,” it said.

No Appearance Despite Issuance Of Summons: Punjab & Haryana High Court Asks Trial Court To Attach Police Officers' Salary

Case Title: Rajinder Singh @ Baz v. State of Punjab

Citation: 2023 LiveLaw (PH) 156

The 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).

Justice Pankaj Jain observed, "Inertness of the prosecution and helplessness of the Court remain unexplained. Trial Court is directed to attach salary of the official witnesses who failed to depose despite service after taking their details from the record."

Victim Turned Hostile, Weak Medical Evidence: Punjab & Haryana High Court Acquits Man Accused Of Committing Sodomy On 14-Yr-Old

Case Title: Goldy v. State of Haryana

Case Citation: 2023 LiveLaw (PH) 157

The 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 Adjournments

Case Title: Dheeraj Bansal v. M/s Mehar Chand Jewellers and another

Citation: 2023 LiveLaw (PH)158

The 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 Act

Case Title: Gurpreet Singh v. State of Punjab

Case Citation: 2023 LiveLaw (PH) 159

The 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.

Pointing out the gaps in the evidence, Justice Arun Monga said, “Deficiencies and inconsistencies in the evidence presented by the prosecution do not inspire confidence, as already discussed in the preceding paragraphs. One of the critical issue herein is the the unsatisfactory nature of the link evidence presented by the prosecution. Link evidence connects various elements of a case together and, in this context, it is very vital connection between seized articles and their subsequent handling.”

Woman Cannot Be Forced To Marry A Person With Whom She Earlier Developed Intimacy: Punjab & Haryana High Court

Case Title: Gurleen Kaur v. State of Punjab

Case Citation: 2023 LiveLaw (PH) 160

The 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.

“A lady cannot be forced to marry a person it she has earlier developed intimacy with him,” said the bench of Justice Gurbir Singh.

The bench was hearing the plea of accused who was named in the deceased's suicide note. The alleged note said since the petitioner refused to marry him, so he ended his life.

7 Yrs After His Death, Punjab & Haryana High Court Orders 'Deemed Reinstatement' Of Police Constable Dismissed From Service Over False FIR

Case Title: Lalit Kumar v. State & ors.

Citation: 2023 LiveLaw (PH) 161

Observing that he was 'falsely implicated', the Punjab & Haryana High Court has ordered 'deemed reinstatement' of a Police constable with full back wages and other consequential benefits, seven years after his death.

The bench of Justice Gurvinder Singh Gill said, “Having regard to the nature of the case i.e. the petitioner's father having been falsely implicated for dubious and motivated reasons, the respondents are directed to reinstate the petitioner's father with full backwages and to extend other consequential benefits flowing from such reinstatement to the family within a period of 4 months from today.”

Punjab & Haryana High Court Grants Bail To Man Accused Of Having Links With Pakistan Intelligence, Creating Communal Tension In Punjab

Case Title: Sumit Kumar v. State of Punjab

Citation: 2023 LiveLaw (PH) 162

The Punjab & Haryana High Court has granted bail to a man accused of having links with agents of Inter-Services Intelligence of Pakistan, who was allegedly targeting people for ransom in Punjab for creating communal tension.

Observing that further incarceration of the petitioner is not required, the bench of Justice Jagjit Singh Bedi said, "The veracity of the prosecution case against the petitioner shall be adjudicated upon during the course of trial. Admittedly, the petitioner is in custody since 28.07.2022 and none of the 14 prosecution witnesses have been examined so far. Therefore, the trial of the present case is not likely to be concluded anytime soon. Some of his co-accused including Shahrukh Khan have also been granted the concession of bail."

Man Falls From Running Train Due To Sudden Jerk, Dies: Punjab & Haryana High Court Awards 4L Compensation To Bereaved Family

Case Title: Sunna & Ors. v. Union of India

Citation: 2023 LiveLaw (PH) 163

The Punjab & Haryana High Court awarded Rs. 4 Lakh compensation to the family of a man who died after falling from train due to a sudden jerk.

Rejecting the contention that the family failed to prove that deceased was "bona fide passenger", the bench of Justice Karamjit Singh said, "it is evident that deceased sustained ante-mortem injuries in a railway accident, as a result of which he died. Thus making it ample clear that untoward incident took place while the deceased was traveling in a train on 13.11.2012, as a result of which the deceased fell from running train in the area between Ambala Cantt. and Dukheri and died at the spot after being crushed under the train."

BSF Unjustified To Terminate Employee Who Couldn't Complete Basic Training Due To Curable Disease Contracted After Joining: Punjab & Haryana HC

Case Title: Amarnath Ram v. Union of India and others

Citation: 2023 LiveLaw (PH) 164

Directing to "symphathetically reconsider" the case of a BSF constable who was struck off from service for not being able to complete basic training because he was declared 'unfit', the Punjab & Haryana High Court said that it is highly unjustified to weed out an employee on the ground that he cannot complete basic training because of a curable disease which he has suffered post joining of services.

Can't Deny Bail Merely Because Charge Framed Under UAPA, Courts Must Examine Role Of Accused: Punjab & Haryana High Court

Case Title: Chandeep Singh @ Gabbar Singh v. National Investigation Agency

Citation: 2023 LiveLaw (PH) 165

The Punjab and Haryana High Court has held that it is the "bounded duty" of Trial Court to examine the role of an accused under the Unlawful Activities (Prevention) Act [UAPA] while deciding his bail plea under stringent Section 43-D.

A bench of Justice G.S Sandhawalia and Justice Rajesh Bhardwaj observed that merely because a charge has been framed under UAPA would not be a ground to deny the benefit of bail to an accused if prima facie charge is not made out.

S.195 IPC | Mere Acquittal In Criminal Case Doesn't Give Presumption That Complainant Tendered False Evidence: Punjab & Haryana High Court

Case Citation: LiveLaw (PH) 166

Case Title: Zile Singh v. Joginder Singh and ors.

The Punjab and Haryana High Court has made it clear that just because a person is acquitted in a criminal case doesn't automatically imply that false evidence was given against such person.

While dismissing one such complaint under Section 195 IPC of an acquitted person (complainant herein), bench of Justice Jasjit Singh Bedi held,

"Merely because the petitioner-complainant was acquitted...would not by itself be a ground to hold that false evidence had been given during the course of proceedings of that case. If such a presumption was to be drawn, then, every case of acquittal in a criminal case would result in a subsequent prosecution of the complainant-party at the instance of a private individual."

Life Convicts Have No Inherent Right To Claim Premature Release: Punjab & Haryana High Court

Case Title: Subhash v. State of Haryana & Ors.

Citation: LiveLaw (PH) 167

The Punjab & Haryana High Court has made it clear that a life convict has no inherent right to claim premature release as it is merely a concession, granted at the discretion of the State government after looking into various factors such as the conduct of the convict in jail, gravity and nature of the offence etc.

Transgender Protection Cells Shall Be Constituted At State, District Level: Haryana's Chief Secretary To High Court

Case Title: Dhananjay Chauhan v. Sanjeev Kaushal and others

Citation: LiveLaw (PH) 168

The Chief Secretary of Haryana has submitted before the Punjab & Haryana High Court today, that the State has approved setting up of Transgender Protection Cell at State level as well as District level in Haryana.

"State counsel, on the basis of affidavit of Chief Secretary, Haryana, filed in the Court today, submits that by passing the speaking order dated 12.09.2023, Govt. of Haryana has granted approval and sent the proposal to the Department regarding setting up of Transgender Protection Cell at State level and District Level," noted the bench of Justice Arvind Singh Sangwan.

[NDPS Act] Merely Filing FSL Report With Chargesheet Not Ground To Cancel Default Bail, Special Reasons Must Be Shown: Punjab & Haryana HC

Citation: 2023 LiveLaw (PH) 169

Case Title: Bharat Kumar v. State of Kumar

The Punjab and Haryana High Court has made it clear that the mere filing of an FSL report with the chargesheet in a NDPS case will not be a ground to cancel default bail granted to an accused.

Justice Deepak Gupta observed, "...it is made clear that merely filing the FSL report along with the challan in itself will not be considered a reason for cancelling the default bail."

However, the bench added that since default bail is not granted on merits, it may be canceled after the filing of a chargesheet if a strong case is made against the accused for a non-bailable offence.

'Used Devotees As Human Shields To Resist Arrest': P&H High Court Denies Bail To Self-Styled Godman Rampal Accused Of Waging War Against India

Case Title: Rampal v. State of Haryana

Citation: 2023 LiveLaw (PH) 170

The Punjab & Haryana High Court has dismissed the bail plea of self-styled Godman Rampal, who was booked for an attempt to wage war against the government in 2014. Rampal had allegedly garnered a huge crowd of devotees in front of his ashram to resist his arrest in connection with a murder case and perpetrated large-scale violence with the police forces.

A bench of Justice G.S. Sandhawalia and Justice Alok Jain observed that the petitioner was arrested with great difficulty and that his long detention alone did not entitle him to bail.

State's Duty To Ensure Extra Care For Person In Their Custody Having Suicidal Tendencies: Punjab & Haryana High Court

Case Citation: 2023 LiveLaw (PH) 171

Case Title: Court on Its own Motion v. State of Punjab

The Punjab and Haryana High Court has awarded a compensation of Rs. 5 lakh to the family of a youth who committed suicide in the De-addiction Centre of a Civil Hospital.

While doing so, a division bench of Justice G.S Sandhawalia and Justice Harpreet Kaur Jeewan observed, "It was the duty of the State as he was in their custody to ensure that even if he had suicidal tendencies, sufficient care should have been extended towards him and an extra watch should have been kept so that he would not have been successful in his attempts."

Married Persons' Entry Into Live-In Relationship 'Illicit': Punjab & Haryana High Court Refuses Police Protection, Imposes Cost

Citation: 2023 LiveLaw (PH) 172

Case Title: Binder Kaur and and. v. State of Punjab & Ors.

The Punjab & Haryana High Court recently imposed a fine of Rs. 2,500 on already married individuals entering into a live-in relationship who had approached the court seeking police protection.

Justice Alok Jain called it a 'classic case of an illicit relationship' while reiterating that married individuals cannot enter live-in relationships with others during the subsistence of their marriage.

Corruption Continues Unabated Despite Handsome Increase In Govt Employees Salaries, No Limit To Human Greed: Punjab & Haryana High Court

Citation: 2023 LiveLaw (PH) 173

Case Title: Tulsi Ram Mishra v. State of Punjab and others

In relation to a corruption case against Punjab's former Chief Secretary Vinay Kumar Janjua, the High Court on Friday directed the State government to send all documents for sanction to prosecute to the Centre. The case dates back to 2009 when Janjua was working as the Director of Industries and Commerce. He is booked for allegedly taking bribe of Rs. 2 lakh.

Justice Anupinder Singh Grewal observed, "This Court cannot shut its eyes to the serious allegations against the petitioner. If this Court allows the matter to be closed or brushed under the carpet at this stage it would be failing in its duty to ensure that justice is not only done but seem to be done in cases involving corruption by high government functionaries. It is the sacred duty of this Court to uphold the rule of law and any leniency in corruption cases would erode the faith of the common man in the rule of law."

24 Yrs Later, Punjab & Haryana High Court Awards ₹5 Lakh Damages To Man Denied Naib Tehsildar Post Due To Miscalculated Marks

Citation: 2023 LiveLaw (PH) 174

Case Title: Ravinder Singh Thakur v. State of Punjab and others

The Punjab & Haryana High Court recently awarded Rs. 5 lakh in damages to a man who could not qualify for the Naib Tehsildar exam conducted in 1996 due to a miscalculation of 2 marks.

Justice Sanjeev Prakash Sharma held that it was appropriate to grant damages to the petitioner for being deprived of appointment due to wrongful calculation of his merit instead of considering him for appointment after more than 24 years.

High Court Expunges 'Disparaging Remarks' Made By Sessions Court About Then Gurugram Police Commissioner In Corruption Case Against Junior

Citation: 2023 LiveLaw (PH) 175

Case Title: K.K. Rao v. State Of Haryana

The Puniab & Haryana High Court has expunged the "disparaging remarks" made by a Sessions Court against former Police Commissioner of Gurugram, while deciding the anticipatory bail plea of a junior IPS officer.

Justice Vinod S. Bhardwaj said, " The remarks extracted above were not integral for the final adjudication of the anticipatory bail application filed by accused-Dheeraj Kumar Setia, IPS. There was further no opportunity granted to the petitioner and also there was no material available on record so as to substantiate and/or justify the recording of the said disparaging remarks."

Passport Act | Police Must Disclose Complete Status Of FIR In Police Verification: Punjab & Haryana High Court

Citation: 2023 LiveLaw (PH) 176

Case Title: Balwinder Singh v. Union of India and others

Observing that police authorities are sending incomplete reports which is the "root cause of denial of passport", the Punjab & Haryana High Court has said that police authorities must disclose the complete status of FIR in verification done for issuing of the passport.

Justice Jagmohan Bansal said that the proforma prepared for the information to be furnished by the Police Official in the meeting called by the Additional Solicitor General of India, pursuant to Mohan Lal @ Mohna vs. Union of India and others, should be followed.

Insult To Religion Made Carelessly Without Any Malicious Intent Would Not Be Offence U/S 295A IPC: Punjab & Haryana High Court

Case Citation: 2023 LiveLaw (PH) 177

Title: Gurnam Singh v. State of Punjab. & anr.

The Punjab and Haryana High Court has made it clear that insults to religion "made unwittingly or carelessly without any malicious or deliberate intent" would not be an offence under Section 295A of the Indian Penal Code.

The Court said, "It needs to be reiterated that Section 295A of the IPC does not penalize any and every act of insult or an attempt to insult the religion or the religious beliefs of a person or a community but it penalizes only those acts of insults or attempts which have been perpetrated with a deliberate and malicious intent so as to outrage the religious feelings of a particular class/community."

Disproportionate Assets: High Court Grants Interim Bail To Former Punjab Police AIG Ashish Kapoor, Directs Him To Declare Assets

Citation: 2023 LiveLaw (PH) 178

Case Title: Ashish Kapoor v. State of Punjab

The Punjab and Haryana High Court has granted interim bail to former Punjab Police AIG Ashish Kapoor in a disproportionate assets case launched against him this year.

Kapoor is accused in multiple FIRs including custodial rape, torture and extortion charges. However, Justice Anoop Chitkara said that his previous criminal history is not being considered strictly at this stage as a factor for denying bail.

Pedantic Interpretation Of Policy To Deny Paddy Allotment To Millers Violative Of Fundamental Right To Trade: Punjab & Haryana High Court

Citation: 2023 LiveLaw (PH) 179

Case Title: M/s Luxi Saraswati Agro Pvt Ltd v. State of Punjab

The Punjab and Haryana High Court has held that not allocating paddy to a miller for no fault of his is a violation of the fundamental right of business and trade guaranteed by Article 19 (1)(g) and a violation of Articles 14 and 21 of the Constitution.

Justice Jagmohan Bansal added that a policy cannot be read as per whims and caprices of officials who "seem more interested in the closure of a business rather than its running".

Girl Being Minor Not Reason To Deny Protection: High Court Directs Chandigarh SSP To Consider Live-In Couple's Plea

Citation: 2023 LiveLaw (PH) 180

Case Title: Vikram Kumar & Ors. v. State of U.T. Chandigarh and others

The Punjab and Haryana High Court has granted relief to a live-in couple, the girl being a minor, seeking protection from alleged threats of the girl's family. Court said it wouldn't comment upon the legality of the relationship but,

"Mere fact that the petitioners are not of marriageable age or that petitioner No.2 is still a minor, would not deprive the petitioners of their fundamental rights as envisaged in the Constitution, being citizens of India.

Brunt Of Married Man's "Illicit Relationship" With Another Woman Falls On His Wife, Children: Punjab & Haryana High Court Imposes Cost

Citation: 2023 LiveLaw (PH) 181

Case Title: X v. State of Punjab and Ors.

The Punjab and Haryana High Court recently expressed reservations over a married man living with a divorced woman, stating that the brunt of their "illicit relationship" had befallen on the man's wife and children.

It dismissed the couple's protection plea against the man's wife stating that it's a mere "cover up" and directed them to pay cost of Rs. 25,000 to the wife.

Man Occupies Deceased Father's Govt Accommodation For 17 Yrs Based On Punjab & Haryana HC's Interim Order, Asked To Pay 5 Lakh Compensation

Citation: 2023 LiveLaw (PH) 182

Case Title: Gurnam Singh v. State of Punjab and others

In a peculiar case where a deceased government employee's son continued to occupy his father's government accommodation for a period of 17 years on the strength of an interim order passed by the Punjab and Haryana High Court back in 2006, the son has now been asked to compensate the State government in lieu of penal rent.

The son was though appointed as a clerk on compassionate basis and was entitled to government accommodation himself, the same would be of a different category than the house he was occupying.

NDPS Act | Twin Conditions For Bail U/S 37 Cannot Be Satisfied When There Are Multiple FIRs Against Accused: Punjab & Haryana High Court

Citation: 2023 LiveLaw (PH) 183

Case Title: Mohammad Rayyan Ansari v. State of Haryana

The Puniab & Haryana High Court has made it clear that when there are multiple FIRs against an accused then twin conditions as envisaged under Section 37 of the NDPS Act - one being that accused is not guilty and he is not likely to commit an offence while on bail - cannot be satisfied.

Sale Of Medical Termination Of Pregnancy Kit Alone Not An Offence Under MTP Act: Punjab & Haryana High Court Reiterates

Citation: 2023 LiveLaw (PH) 184

Title: Satbir v. State of Haryana

The Punjab and Haryana High Court has reiterated that the sale of the Medical Termination of Pregnancy (MTP) kit alone does not constitute an offence punishable under the MTP Act.

Justice Pankai Jain relied on the precedent in Dr. Vandana Malik v. State of Haryana and quashed the FIR and subsequent proceedings against the petitioner as the allegations did not establish a case against the accused.

Trial Courts Can't Impose Life Sentence 'For Full Life', Pre-Mature Release During Pendency Of Convict's Appeal Not Barred: Punjab & Haryana HC

Citation: 2023 LiveLaw (PH) 185

Case Title: Ravdeep Kaur v. State of Punjab & Ors.

The Punjab and Haryana High Court has made it clear that trial courts cannot impose life sentence on a convict with a rider that the sentence will extend to 'full life' or 'till the natural death' of the convict. Justice Deepak Gupta clarified that such a rider can only be imposed by the High Court or the Supreme Court.

Punjab & Haryana High Court Allows Its Former Judge's Plea, Says Amendment Extending Tenure Applies To Incumbent Members Of Consumer Fora

Citation: 2023 LiveLaw (PH) 186

Case Title: Justice Daya Chaudhary v. UOI & Ors.

The Puniab & Haryana High Court has made it clear that the 2022 Amendment to the Consumer Protection Rules, which ameliorated the anomaly with respect to tenure of the Consumer Commissions' President and Members, is applicable to those holding the post as of date, even though their appointment was made prior to the amendment.

'Respect Legal Rights, Consider Potential Humanitarian Consequences': Punjab & Haryana HC Issues Guidelines To Mining Officers Seizing Vehicles

The Punjab & Haryana High Court has issued nine set of guidelines for mining officers to ensure transparency and adherence to legal procedure while seizing vehicles

Citation: 2023 LiveLaw (PH) 187

Case Title: Rajak v. State of Haryana and others

Justice Arun Monga said, "These guidelines are aimed to ensure transparency, fairness and adherence to legal procedures in mining-related penalty imposition and vehicle seizures, while also taking into consideration the humanitarian aspects and the livelihood of the affected individuals and families."

3 Yrs In Custody But Only 7 Witnesses Examined: Punjab & Haryana HC Grants Bail, Says S.37 NDPS Act Can Be Relaxed To Preserve Right To Speedy Trial

Citation: 2023 LiveLaw (PH) 188

Case Title: Khushi Ram @ Happy v. State of Punjab

Observing that the 'right to a speedy trial' had been violated, the Punjab & Haryana High Court granted bail to a man who had been in custody for over 3 years, accused of being in possession of contraband in a commercial quantity.

Justice N.S. Shekhawat said since right to speedy trial of the accused has been violated the condition prescribed under Section 37, can be dispensed with.

'Sacrilege A Heinous Offence': Punjab & Haryana High Court Refuses To Quash FIR Against Man Claiming He's Incarnation Of Guru Nanak Dev

Citation: 2023 LiveLaw (PH) 189

Case Title: Saniay Rai v. State of Puniab and another

Observing an act of sacrilege is a heinous offence "irrespective of any religion", the Punjab & Haryana High Court has refused to quash FIR lodged under Section 295-A IPC against a man, claiming himself as incarnation of Guru Nanak Dev. Sanjay Rai claimed that he is the incarnation of Guru Nanak Dev and he can prove it by his spiritual knowledge.

Public Using Private Property As Dump Doesn't Divest Owner's Possession: Punjab & Haryana HC Restrains Municipality From Changing Nature Of Land

Citation: 2023 LiveLaw (PH) 190

Title: Bipandeep Kaur and others v. Municipal Corporation, Ludhiana through its Municipal Commissioner

Observing that the use of property by Municipal Corporation as a dump site "has no right to change the nature of the property", the Punjab & Haryana High Court has made it clear that a true owner is not divested from possession of the property even if the garbage is thrown on it by the pubic.

The land in question was used by the Municipal Corporation of Ludhiana for dumping site since 15 years and construction to raise portable compactor for the "welfare of general public" had started.

Can't Behave This Way': Punjab & Haryana High Court Pulls Up Nationalised Bank For Transferring New Mother Away From Husband's Workplace

Citation: 2023 LiveLaw (PH) 191

Title: Chandani v. Bank of India and others

Observing that bank "is not supposed to behave in the manner in which they have behaved with a married woman having child of few months", the Punjab & Haryana High Court has pulled up the Bank of India for transferring its employee away from husband's workplace, in violation of its policy and then refusing to accept her resignation.

Chandni, a General manager of the bank in Chandigarh, was transferred to Rajkot, Gujarat while she was on a sick leave. She had a few months old child and her husband was based in Chandigarh.

Expressing her inability to join the duty at Rajkot, she had submitted her resignation. However, the resignation was rejected and she was asked to join the duty at Rajkot and then resign. Thereafter, the bank initiated department enquiry for being absent from duty.

Accused In NDPS Case Claims Police Planted Contraband On Him For Declining Extortion Demands: Punjab & Haryana High Court Orders SIT Probe

Citation: 2023 LiveLaw (PH) 192

Title: Kuldeep Singh @ Sonu v. State of Punjab

Observing that "the individuals responsible for upholding the law and safeguarding citizens' rights have themselves transformed into aggressors and transgressors through the blatant misuse of police powers", the Punjab & Haryana High Court has directed to constitute Special Investigating Team (SIT to probe alleged police misconduct in a NDPS case.

It was alleged that the Police had falsely implicated the accused in NDPS case by planting the contraband when he refused to extortion demand of the police officials, "who picked him up from his work place in the morning of the fateful day."

In A First, Punjab & Haryana High Court Suggests State To Use Artificial Intelligence To Identify 'Similar Cases' Which Are Already Settled By It

Citation: 2023 LiveLaw (PH) 193

Title: Nisha rani v. State of Punjab and others

Observing that "litigation is unnecessarily coming up" despite the settled law, in a first the Punjab & Haryana High Court has suggested the state government to take benefit of artificial intelligence to search the similar matters pending so that they can be identified and disposed of soon.

Justice Sanjeev Prakash Sharma said, "this Court finds that in several cases, litigation is unnecessarily coming up before this Court in spite of settled law. The State Government is directed to examine all the cases which are pending before this Court in relation to the aforesaid issue and take steps for disposal of such cases."

Not Adjusting Covid-19 Parole Period Towards Sentence May Risk Prisoners' Constitutional Rights: Punjab & Haryana HC Asks Govt To Frame Guidelines

Citation: 2023 LiveLaw (PH) 194

Title: Gursharan Singh v. State of Punjab and others

Observing that "individual released on involuntary parole during the pandemic could face a risk of violation of constitutional rights if required to return to prison without adjusting their sentences," the Punjab & Haryana High Court has directed the Punjab government to take a "considered decision" on whether the parole granted to prisoners during COVID-19 would be counted towards the sentence served by them.

"Tailor-Made Wards To Ensure Success Of Few In Elections": High Court Declares 'Illegal' Delimitation Of 2 Municipal Councils, 1 Municipal Corp In Punjab

Citation: 2023 LiveLaw (PH) 195

Title: Rajesh Kumar Sharma and others v. State of Punjab and others

The Punjab and Haryana High Court on Tuesday declared the entire delimitation exercise in Municipal Councils of Dera Baba Nanak, Dharamkot, and Municipal Corporation Phagwara, conducted since its inception, to be "illegal".

The Court held that delimitation was done on irrelevant considerations and a glaring breach of Rules 3 to 8 of the Delimitation of Wards of Municipalities Rules, 1972.

Certificate Issued By Bar Association Sufficient To Prove Experience For Practising Advocates, Further Proof Not Required: Punjab & Haryana High Court

Citation: 2023 LiveLaw (PH) 196

Case Title: Jyotsana Rawat and others v. State of Punjab and others

The Punjab & Haryana High Court has held that a certificate issued by the Bar Association of the concerned Court would have the same force as that of a certificate from any other judicial or quasi-judicial authority and would qualify as proof of one's experience.

Justice Sanieev Prakash Sharma added that an advocate who is enrolled with the Bar Council starts actually practice and a certificate of such nature can be given to him by the concerned Bar Association, Court or judicial or quasi-judicial forums where he is practising.

Mama Expected To Protect Like Double 'Ma': Punjab & Haryana High Court Upholds Conviction For Sexually Assaulting 6-Yr-Old Nephew

Citation: 2023 LiveLaw (PH) 197

Title: X v. State of Punjab

The Punjab and Haryana High Court has upheld the conviction of a man for committing aggravated penetrative sexual assault on his own 6-year old nephew in 2017. It also upheld sentence of cumulative 10 years imprisonment under Section 6 of POCSO Act and Section 377 of IPC.

While noting that the offence was committed in 2017, prior to enhancement of punishment under POCSO Act, Justice Deepak Gupta said, "Having regard to the increasing number of crimes of this nature and also having regard to the close relationship between victim and the accused, the sentence of 10 years rigorous imprisonment imposed by the Id. trial Court, cannot be considered to be excessive in any manner whatsoever. Being mama (maternal uncle) of the victim child, the accused was required to protect him like double 'ma' being a mama (maternal uncle). Instead of doing so, the accused proved to be demon for him. No leniency is called for such a person."

Disproportionate Assets Indicate Drug Trafficking At Instance Of Corrupt Punjab Police, High Court Refuses Pre-Arrest Bail To Dismissed AIG Raj Hundal

Citation: 2023 LiveLaw (PH) 198

Title: Raj Jit Singh Hundal v. State of Punjab & others

Observing that being a police officer, he was supposed to be extremely upright, primarily when dealing with sensitive matters, including drugs, the Punjab and Haryana High Court today dismissed the anticipatory bail plea of former AIG Raj Jit Hundal in a disproportionate assets case.

A SIT constituted by the state, in pursuance of suo moto cognizance taken by the Court in 2013 on drug menace in Punjab, had found the involvement of Hundal in drugs trafficking.

'Orchestrated Attempt To Keep Him In Custody', High Court Grants Bail To Former Punjab AIG Ashish Kapoor In Custodial Violence Case

Citation: 2023 LiveLaw (PH) 199

Title: Ashish Kapoor v. State of Punjab

The Punjab & Haryana High Court has granted bail to former Punjab AIG Ashish Kapoor in 2018 Custodial Violence case. Kapoor was book for voluntarily causing hurt for extortion, criminal conspiracy and criminal intimidation.

It was alleged that Kapoor had torture and beaten a woman and her brother under police remand to force confession regarding property matters.

Apprehending Wife In Illicit Relationship May Falsely Implicate Husband, Punjab & Haryana HC Orders Thorough Investigation Into Prospective FIRs

Citation: 2023 LiveLaw (PH) 200

Case Title: X v. State of Punjab and others

The Punjab and Haryana High Court as an "abundant caution" has directed thorough investigation of any complaint or FIR that the wife in "illicit relationship" files against her husband, so that he is not dragged into frivolous litigation.

"The petitioner No. 1 being a woman has ample rights in the matrimonial home but apparently, in the present case, it seems that the petitioners have been caught in their illicit relationship and dismissal of this petition may lead to lodging of various litigations against the husband by petitioner No. 1, who is apparently not even aware of the deeds of the wife."

Punjab & Haryana High Court Refuses Permission To Terminate 33 Weeks Pregnancy Of Minor Rape Victim, Cites Threat To Life

Citation: 2023 LiveLaw (PH) 201

Title: X v. State of Haryana & Ors.

Observing that abortion at such an advanced stage would "not only endanger the life of the minor victim but is likely to premature delivery of child", the Punjab & Haryana High Court has refused to direct termination of 33 weeks old pregnancy of a minor rape victim.

The Medical board also opined that it will not be safe and would be life threatening to the mother due to advance gestational age and considering that she is a minor.

Punjab & Haryana High Court Grants Bail To Woman Detained With Child In UAPA Case, Says No Incriminatory Material Against Her

Citation: 2023 LiveLaw (PH) 202

Title: Sukhpreet Kaur v. State of Punjab

The Puniab & Haryana High Court granted bail to a woman who had been detained in 2022 under the stringent Unlawful Activities (Prevention) Act, 1967, based on the disclosure statement of her husband.

Vijay Singh stated that his wife, Sukhpreet Kaur, supported him in the illegal activities. Singh in his disclosure statement said that he collected a parcel containing a hand grenade, a pistol, and other explosives from the border area.

Punjab & Haryana High Court Dismisses Plea To Preserve Police Officer's Call Records, Says Can't Breach His Privacy For Creating Evidence

Citation: 2023 LiveLaw (PH) 203

Case Title: Parveen Kumar v. State of Haryana

The Punjab & Haryana High Court recently dismissed a plea to preserve the call records of a police officer who arrested the petitioner in the NDPS Act observing that for the possibility of creating evidence in favour of the accused, it cannot go to the extent of breaching privacy of a police officer. Justice Rajbir Sehrawat added that just to give credence to the petitioner's assumption, the court cannot go into a roving inquiry.

Lay Guidelines On Filling Up Seats In Private Nursing Institutions That Remain Vacant After Rounds Of Counselling: High Court To Haryana Govt

Citation: 2023 LiveLaw (PH) 204

Title: The Mahabir Education Welfare Society v. The State of Haryana and others

Observing that Haryana government has "not bothered to notify any such procedure till today", the Punjab & Haryana High Court has directed the State to lay down specific guidelines on filing up of seats that remain vacant after prescribed rounds of counselling in Private aided and unaided Nursing Institutions.

A Division bench of Justice Ritu Bahri and Justice Manisha Batra said, "the State of Haryana has not bothered to notify any such procedure till today and this has resulted in failure on its part to evolve a transparent method of admission in the private nursing institutions. The State of Haryana, is therefore, directed to lay down specific guidelines qua filling up such seats in private aided unaided nursing institutions that are remaining vacant/left over after the prescribed rounds of counselling."

Punjab & Haryana High Court Refuses Pre-Arrest Bail To 'Mole' Constable Accused Of Demanding Bribe To Fizzle Down Investigation In NDPS Case

Citation: 2023 LiveLaw (PH) 205

Title: Mohit Bedi v. State of Punjab

The Punjab & Haryana High Court has rejected the anticipatory bail plea of a constable who was accused of demanding Rs. 10 lacs to fizzle down the investigation in a case involving 280 grams of heroin i.e. commercial quantity recovered from an accused in NDPS Act.

"it is apparent that the petitioner was aware that Gopal Singh (accused in NDPS) had made illegal money by dealing with the drugs and wanted to have a piece of such a big cake. Being the member of the police party, it can be disastrous if such a mole betrays their own team due to which some would be working to carb this menace of drugs."

Being Below Marriageable Age Would Not Deprive Live-In Couple From Fundamental Right To Protection: Punjab & Haryana High Court

Citation: 2023 LiveLaw (PH) 206

Title: X v. State of Punjab & Ors

The Punjab & Haryana High Court has made it clear that being below marriageable age would not deprive the live-in couple from fundamental right to protection, guaranteed under Article 21 of the Constitution.

Justice Arun Monga said, "It is the bounden duty of the State, as per the Constitutional obligations casted upon it to protect the life and liberty of every citizen. Right to human life is to be treated on much higher pedestal, regardless of a citizen being minor or a major. Mere fact that petitioners are not of marriageable age in the present case would not deprive them of their fundamental right, as envisaged in Constitution of India, being citizens of India."

Cheque Dishonour | Availing One's Legal Remedy Not Abetment To Suicide In Absence Of Specific Allegation Of Harassment: Punjab & Haryana High Court

Citation: 2023 LiveLaw (PH) 207

Title: Kuldeep Singh v. State of Punjab and another

The Punjab & Haryana High Court has made it clear that availing ones' legal remedy would not amount to the offence of abetment to suicide in absence of any specific allegation of harassment or instigation.

The deceased was convicted in a cheque bounce case filed by the petitioners and others under Section 138 of Negotiable Instrument Act, however in a suicide note he alleged that he was falsely implicated by the petitioner along with other co-accused.

Proclaimed Offender Cannot Short Circuit System By Filing Petitions Through Power Of Attorney', Punjab & Haryana HC Refuses To Quash FIR On Basis Of Compromise

Citation: 2023 LiveLaw (PH) 208

Title: Sukhwinder Singh through his SPA & Ors. v. State of Punjab & Anr.

The Punjab & Haryana High Court has made it clear that a proclaimed offender cannot seek quashing of the FIR on the basis of a compromise by filing petition through Power of Attorney.

Justice Jasjit Singh Bedi said, "A proclaimed offender cannot seek quashing of the FIR on the basis of a compromise, more so, when he is absconding in multiple cases pending against him."

The Court further added that (Proclaimed Offender) cannot short circuit the system by filing petitions through Powers of Attorney unless he was a minor, insane, suffering from disability or for certain compelling circumstances is unable to appear in person."

Punjab & Haryana High Court Directs State To Pay Rs. 1.5 Lakh Litigation Cost To Disabled Man Booked For Illicit Liquor Trade On 'Mistaken Identity'

Citation: 2023 LiveLaw (PH) 209

Case Title: Kulwinder Singh v. State of Punjab

The Punjab & Haryana High Court has directed the State of Punjab to pay a litigation cost of Rs. 1.5 lakh to a man suffering from 80% locomotion disability, who was booked on "mistaken identity" under the Punjab Excise Act, 1914, for allegedly fleeing with illicit liquor in his vehicle.

It was found that he was incapable of driving any vehicle due to Post Polio Residual Paralysis of lower limbs and he was unable to even stand on his own, let alone walk or run and he is wheel chair bound owing to his disability.

Punjab & Haryana High Court Imposes Rs.1 Lakh Cost On Lawyer For Suppressing Facts In Pre-Arrest Bail Plea

Citation: 2023 LiveLaw (PH) 210

Title: Gulab Singh v. State of Haryana & Ors.

Observing that, "exemplary costs needs to be imposed so that no one could dare to take the Courts for a ride", the Punjab & Haryana High Court has imposed a cost of Rs. 1 lakh on a lawyer for suppressing facts in an anticipatory bail application in a murder case.

Second anticipatory bail application was filed stating that the first was withdrawn in 2022 without mentioning that an "undertaking to surrender within a period of one week" was given and on that undertaking, a direction was issued that no coercive steps shall be taken against the petitioner and in case the petitioner surrenders and files an application for bail, same shall be considered by the trial Court expeditiously.

Suspecting Collusion With Police, High Court Upholds Section 319 CrPC Order To Add Accused Declared Innocent By Nuh DSP

Citation: 2023 LiveLaw (PH) 211

Case Title: Samsu @ Shamshuddin v. State of Haryana

Observing that, 'Police authorities relied upon unknown ghost respectable members of the society so as to declare the petitioner as innocent," the Punjab & Haryana High Court has upheld the order to array a man as an accused in a murder case who was exonerated in police investigation by Nuh DSP.

Justice Deepak Gupta observed, "It is very surprising that despite the petitioner being specifically named as one of the assailants, who was armed with gun and despite the fact that there was eyewitness account in the form of statements of at least Samina w/o Sabbir, & Nishar recorded under Section 161 Cr.P.C., the DSP, Nuh chose to declare the petitioner as innocent."

Constable Misbehaves With Couple Travelling At Night, Punjab & Haryana High Court Upholds Punishment Of Stopping Fifteen Annual Increments

Citation: 2023 LiveLaw (PH) 212

Case Title: Pardeep Kumar v. UOI & Ors

The Punjab & Haryana High Court has upheld the disciplinary punishment of stopping fifteen annual increments given to a constable for harassing and taking illegal gratification of Rs.300 from a a couple, during patrolling duty at night.

A Division bench of Justice Deepak Sibal and Justice Sukhvinder Kaur said, "It has...been rightly observed by the Tribunal (Central Administrative Tribunal) that a perusal of the allegations proved and the penalty imposed upon the petitioner will show, that the same is not excessive and it cannot be said that it pricks the conscience of a prudent man, considering the fact that a protector of law chose to violate the law himself, by demanding illegal gratification and causing harassment."

PMLA | SC Judgment In 'Pankaj Bansal' On Informing Grounds Of Arrest In Writing Applies Retrospectively: Punjab & Haryana High Court

Citation: 2023 LiveLaw (PH) 213

Title: Roop Bansal v. Union of India and another

The Punjab & Haryana High Court on Tuesday set aside the arrest of real estate group M3M Director, Roop Bansal in money laundering case observing that there was non compliance of the provisions of Section 19 of the PMLA in view of Supreme Court's recent landmark judgement on checking the powers of ED in Pankai Bansal case.

The Supreme Court, while setting aside the arrest of other Directors of M3M Pankaj Bansal and Basant Bansal, had said,". it would be necessary, henceforth, that a copy of written grounds of arrest is furnished to the arrested person as a matter of course and without exception."

Mere Likelihood Of Absconding While On Parole Not Sufficient Ground To Decline Temporary Release: Punjab & Haryana High Court

Citation: 2023 LiveLaw (PH) 214

Case Title: Kapil v. State of Haryana and others

The Punjab & Haryana High Court recently granted parole to a man convicted for murder and sentenced to life imprisonment observing that likelihood of absconding of the prisoner is not a sufficient ground to reject temporary release.

A division bench of Justice Lisa Gill and Justice Ritu Tagore emphasized that the mere likelihood of absconding while on parole was not a sufficient ground for denial, as it did not indicate a threat to the security of the state or public order.

Ad Valorem Court Fee Not Required In Marital Property, Maintenace Disputes Before Family Court: Punjab & Haryana High Court

Title: Sucheta Garg and others v. Vineet Garg and others

Citation: 2023 LiveLaw (PH) 215

The Punjab and Haryana High Court has held that petitioners are not required to pay ad valorem court fees in Family Court in disputes related to marital property and charges to ensure payment of maintenance.

Justice Gurbir Singh observed that proceedings for maintenance before the Family Court were summary in nature and hence ad valorem court fees were not applicable in such proceedings.

"Incident Shocked Conscience Of Entire Nation," Punjab & Haryana High Court Refuses Bail To Amritpal's Alleged Aide In Police Station Attack Case

Case Title: JAGDISH SINGH v. STATE OF PUNJAB

Citation: 2023 LiveLaw (PH) 216

Observing that "incident has shocked the conscience of the entire nation," the Punjab & Haryana High Court has rejected the bail pleas of Waris Punjab De chief Amritpal Singh's "companions" in Police Station attack case.

A mob of around 200-250 persons headed by Amritpal, armed with deadly weapons, had attacked upon the Police Station Ajnala, in order to get released one of their associates from custody.

[Eminent Domain] State Can Acquire Land In Militarized Zone But Can't Compromise National Security: Punjab & Haryana HC

Citation: 2023 LiveLaw (PH) 217

Case Title: LT. COL. INDER SINGH KALAAN (DECEASED) THROUGH LRs. AND OTHERS v. STATE OF HARYANA AND ORS.

The Puniab & Haryana High Court has refused to interfere in the land acquisition done by the State authorities directing that if it falls within the milititarized zone then it should be kept free from construction and "develop as an open green area", "without compromising the national security."

A plea challenging the land acquisition was filed, contending that the land falls within a militarized zone and, therefore, cannot be acquired. However, the Court rejected the petition and imposed a cost of Rs.50,000 for filing frivolous petition.

"Paramount To Protect Drug Detection Squad", Punjab & Haryana High Court Directs NDPS Accused To Surrender All Weapons As Pre-Condition To Bail

Citation: 2023 LiveLaw (PH) 218

Title: Ravinder Singh v. State of Punjab

The Punjab & Haryana High Court has directed an accused person under NDPS Act to surrender all his weapons as a pre-bail condition to bail, observing that given the background of allegations against him, it becomes "paramount to protect the drug detection squad, their family members, as well as the members of society."

Justice Anoop Chitkara said, incapacitating the accused would be one of the primary options until the filing of the closure report or discharge, or acquittal. Consequently, it would be appropriate to restrict the possession of firearm.

"Cheating In MBBS Exam Can Endanger Lives Of Patients", Punjab & Haryana HC Upholds Exam Cancellation Of Students Found Using Unfair Means

Citation: 2023 LiveLaw (PH) 219

Title: SHIVAM TANWAR AND OTHERS v. STATE OF HARYANA AND OTHERS

Observing that the use of unfair means in the medical profession can potentially endanger the lives of patients, the Punjab & Haryana High Court has taken a strong stance on MBBS students found cheating in exams. The Court refused to interfere in the university's decision to cancel the entire exam for students who were found using unfair means.

Justice Sandeep Moudgil said, "Using unfair means in examinations is not only unethical but also detrimental to the overall development of individuals and the nation as a whole. MBBS students, who are pursuing a career in medicine, are expected to adhere to the highest ethical standards due to the critical nature of their profession."

NDPS Act | Prosecutor Can't Seek Extension Of Custody Merely To Collect Forensic Report, Must Satisfy Conditions U/S 36A(4): P&H High Court

Citation: 2023 LiveLaw (PH) 220

Title: Ravinder @ Bhola v. State of Haryana

The Punjab & Haryana High Court has made it clear that in order to extend the statutory period of 180 days to complete the process of investigation as per Section 36-A(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) Act, the Public Prosecutor must indicate the progress of the investigation and specific reasons for the detention requires beyond said period.

Perusing the provision of Sections 36A(4) of NDPS Act, Justice Jasgurpreet Singh Puri said, "A perusal of the aforesaid proviso would show that in exceptional circumstances where it is not possible to complete the investigation within the said period of 180 days, the Special Court may extend the said period up to one ear on the report of the Public Prosecutor indicating the progress of the investigation and the specific reasons for detention of the accused beyond the said period of 180 days."

NDPS Act | Statement Of Police Witnesses Cannot Be Discarded If They Inspire Confidence: Punjab & Haryana High Court

Citation: 2023 LiveLaw (PH) 221

Title: Joginder Singh v. State of Haryana

The Punjab & Haryana High Court has made it clear that the statement of police officials cannot be discarded because they are police officials, however their testimonies must inspire confidence.

Justice Anoop Chitkara dismissed the plea challenging the conviction of a man who was convicted under Section 15 of NDPS Act for involving in trade of contraband and sentenced to 10 years of rigorous imprisonment in 2002.

SC/ST Act | Offence Will Not Be Constituted If Casteist Remark Is Made Within Four Walls: Punjab & Haryana High Court

Citation: 2023 LiveLaw (PH) 222

Title: Rajinder Kaur v. State of Punjab

The Punjab & Haryana High Court has made it clear that all the insults or intimidation to person would not be an offence under the SC&ST Act, unless such remark is made within public view or at any public place.

Justice Deepak Gupta observed that to constitute an offence under the Act, the insults or intimidation should be on account of victim belonging to Scheduled Caste or Scheduled Tribe and further "another important key ingredient of provisions is that the insult or intimidation should be on account of victim belonging to Scheduled Caste or Scheduled Tribe and further "another important key ingredient of provisions is that the insult or intimidation should be in any place within public view."

MV Act | No Restriction Can Be Imposed Under Minimum Wages Act To Assess Income Of Deceased To Determine Compensation: Punjab & Haryana HC

Citation: 2023 LiveLaw (PH) 223

Title: Kavita Devi and others v. United India Insurance Company Limited

The Punjab and Haryana High Court has held that while computing compensation under the Motor Vehicles Act, no restriction can be imposed in assessing the income of deceased or the injured in order to assess just and fair compensation for the dependents.

Usually, in the absence of a salary certificate, 'minimum wages notification' can be considered to determine the notional income of deceased in motor accident claim cases.

Punjab & Haryana HC Quashes FIR Against Ram Rahim For Allegedly Hurting Religious Sentiments Of Sant Kabir Das, Guru Ravidas Devotees

Citation: 2023 LiveLaw (PH) 224

Title: Saint Gurmeet Ram Rahim Singh Insan v. State of Punjab and another

The Punjab & Haryana High Court has quashed the FIR filed against Dera Sacha Sauda chief Gurmeet Ram Rahim Singh for allegedly insulting the religious belief of Sant Kabir Das and Guru Ravidas' Devotees.

The FIR was lodged pertaining to a discourse of Ram Rahim organised in 2016 in a "Satsang" where he allegedly associated Sant Sant Kabir Das and Guru Ravidas with liquor and prostitute.

Stray Dog Bite: Punjab & Haryana High Court Orders Minimum Rs.10K Compensation Per Tooth Mark, Issues Guidelines To Curb Menace

Citation: 2023 LiveLaw (PH) 225

Title: RAJWINDER KAUR AND ANR. v. STATE OF HARYANA AND ORS.

The Punjab & Haryana High Court has issued a slew of directions to police to expeditiously deal with the cases lodged pertaining to incidents of stray or wild animal menace in Punjab, Haryana & Chandigarh.

In case of stray dog bites, the Court has ordered a minimum compensation of Rs. 10,000 per tooth mark and where the flesh has been pulled off the skin, it shall be a minimum of Rs.20,000 per "0.2 cm" of the wound.

High Court Questions Haryana Govt On Appointing Retired CBI Officer As Police Officer, Says Statute Doesn't Approve It

Citation: 2023 LiveLaw (PH) 226

Title: DHEERAJ GARG v. STATE OF HARYANA AND OTHERS

Observing that "the Police Act does not approve or authorize engagement of a Police Officer on contract basis", the Punjab & Haryana High Court has questioned Haryana government on appointment of retired CBI Officer as Investigating Officer under Prevention Of Corruption Act. Justice Vinod S. Bhardwaj noted that, "There is no reference made in the reply furnished by the State as to under what substantive provision of law could the Police Officers be engaged on contract basis to conduct investigation of the cases and to exercise the powers of Gazetted Officers and also file the final reports."

UAPA | Bail Can't Be Denied Merely Because Allegations Are Serious If There Is No Prima Facie Case : Punjab & Haryana High Court

Citation: 2023 LiveLaw (PH) 227

Title: Gursewak Singh v. State of Punjab

The Punjab & Haryana High Court has granted bail to a man booked under stringent Unlawful Prevention of Activities Act (UAPA), observing that there was no prima facie case made out in the case for allegedly planning to commit some terrorist acts based on relations with Pakistan. A division bench of Acting Chief Justice Ritu Bahri and Justice Manisha Batra noted that, "on the basis of allegations as levelled against the appellant, prima facie no case can be stated to have been made out to presume that there had been any conspiracy between the appellant and the co-accused to form membership of a terrorist gang and to commit acts against the interest of the nation."

Live-in Relationship Without Dissolving Previous Marriage May Amount To Bigamy: Punjab & Haryana High Court

Citation: 2023 LiveLaw (PH) 228

Title: Reena Devi & And. v. State of Punjab & Ors

The Punjab & Haryana High Court has said that living together with another woman, without dissolving the marriage from earlier spouse may amount to offence of bigamy under Sections 494, 495 of the IPC.

Justice Kuldeep Tiwari said, "...without obtaining any valid decree of divorce from his earlier spouse and during subsistence of his earlier marriage, the petitioner No. 2 is living a lustful and adulterous life with the petitioner No. 1, which may constitute an offence punishable under Sections 494/495 of the IPC, as such a relationship does not fall within the phrase of 'live-in relationship' or 'relationship' in the nature of marriage."

Punjab Police FIR Against Times Now Navbharat Cameraman 'Strange' : P&H High Court Quashes Case For Alleged Rash Driving, Casteist Remarks

Citation: 2023 LiveLaw (PH) 229

Title: Mritunjay Kumar v. State of Punjab & another

Observing it is strange that despite "there being no allegations" against petitioner, he was arrested, the Punjab & Haryana High Court today, has quashed FIR lodged for rash driving and passing casteist remarks, against Mritunjay Kumar, a cameraperson of Times Now Navbharat channel.

In May 2023, Times Now Navbharat reporter Bhawna Gupta along with the cameraman Kumar and driver Parmender were arrested under Sections 279, 337, 427 IPC and Section 3(x) and 4 of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities), Act, 1989. However, all the accused were granted Bail.

Discriminates Against Other Indians, Creates 'Wall' Around State : Why P&H High Court Struck Down Haryana Domicile Quota

Case Title: IMT Industrial Association and another v. State of Haryana and another

Citation: 2023 LiveLaw (PH) 230

The Punjab & Haryana High Court today, has struck down the the Haryana State Employment of Local Candidates Act, 2020 which provides 75% reservation for domicile of Haryana in private sector jobs having a monthly salary of less than Rs 30,000, stating that it is violative of the Part-Ill of the constitution.

While declaring the law as unconstitutional, a division bench of Justice G.S. Sandhawalia and Justice Harpreet Kaur Jeewan said, "... freedom given under Article 19 of the Constitution of India could not be taken away and the impugned provisions are falling foul and are liable to be declared unconstitutional as a wall could not be built around by the State and the spirit and sole of the oneness of the Constitution of India could not be curtailed by the parochial limited vision of the State."

Married Individuals Entering Live-In Relationship Can't Be Denied Protection, Right To Life Sacrosanct: Punjab & Haryana HC Issues Guidelines To Police

Citation: 2023 LiveLaw (PH) 231

Title: X v. State of Haryana & Ors.

The Punjab & Haryana High Court has made it clear that married individuals entering into live-in relationship cannot be denied protection, irrespective of the Police's view about morality of such relationships.

Justice Arun Monga observed that right to human life is to be treated on highest pedestal and cannot be taken away, except in accordance with law, irrespective of the nature of the relationship.

'Investigation Can't Continue Indefinitely, Violates Article 21': Punjab & Haryana High Court Quashes 15 Yrs Old Mischief Case

Citation: 2023 LiveLaw (PH) 232

Title: Parminder Singh @ Dimpy v. State of Punjab

Observing that the investigation "cannot be allowed to continue indefinitely", the Punjab & Haryana High Court has quashed a criminal case pertaining to mischief by fire in which investigation was pending since 15 years.

In 2008 an FIR was lodged alleging that the accused had set fire to the complainant's truck because of personal rivalry. However, the police upon investigation declared the petitioner as innocent. Criminal proceedings have since been continuing whereas Investigating Agency repeatedly concluded that petitioner has no connection with the alleged offence.

Accused Has Right To Be Heard In Revision Challenging Dismissal Of Complaint: Punjab & Haryana High Court Sets Aside Order Restoring Complaint

Citation: 2023 LiveLaw (PH) 233

Title: Harinder Singh v. Rajinder Singh

Observing that where the complaint was dismissed and thereafter challenged in the revision petition the accused has right to be heard, the Punjab & Haryana High Court has set aside the order of a Session Court which was passed in revision petition without issuing process to the accused.

Justice Jasjit Singh Bedi said, "A perusal of Section 401 Cr.P.C. as discussed by the Hon'ble Supreme Court in Manharibhai Muljibhai Kakadia and another Manharibhai Mulibhai Kakadia and another versus Shaileshbhai Mohanbhai Patel and others, [2012(4) RCR (Criminal) 689]), would show that where a complaint has been dismissed by the Magistrate and the said order has been challenged by the complainant in a revision petition before the High Court or the Sessions Court, the persons who are arraigned as accused in the complaint have a right to be heard in such a revision petition."

Re-Marriage Of Widow Is Personal Choice, Not Ground To Deny Compensation Under Motor Vehicle Act: Punjab & Haryana High Court

Title: Reliance General Insurance Co. Ltd. v. Rajni and others And Shakuntla and another v. Manjeet and others

Citation: 2023 LiveLaw (PH) 234

Observing that "re-marriage of widow is a personal choice" and nobody can have a say in it, the Punjab & Haryana High Court has made it clear that re-marriage of a widow would not disentitle her from compensation upon death of her husband under Motor Vehicle Act.

Justice Archana Puri said, "it is to be noticed that simply because Rajni, widow of the deceased, got re-married, it could not be a reason to deprive of her rightly claim. Re-marriage of widow has nothing to do with her right, which accrued to her to seek compensation, on account of loss, which has accrued to her, as a result of unnatural demise of her husband. Her decision to re-marry is entirely her personal choice and nobody can have say in the same."

Embassy Declines Surrogate Child's Visa, High Court Declares Single Biological Father As "Sole Guardian", Grants Right To Remove Child From India

Citation: LiveLaw 2023 (PH) 235

Title: X & Anr. v. UOI & Ors.

The Punjab & Haryana High Court has recently allowed a habeas corpus plea, declaring petitioner no 2, the biological father as the sole guardian of his surrogate child (petitioner no 1).

Petitioner no 2 had approached a single bench of Justice Anupinder Singh Grewal, seeking to be declared as the sole legal guardian of his 4-year-old surrogate child. It was submitted that he was living in Australia and had applied for a visa for his child. It was argued that the embassy had rejected the visa application on the grounds that the laws on surrogacy regarding single parents were unclear until 2021, and thus a declaration from a competent court would be required in such regard.

Corruption At Grassroots Level Within Govt Offices Silently Devouring Pillars Of Democracy: Punjab & Haryana High Court

Citation: 2023 LiveLaw (PH) 236

Case Title: Rashpal Singh v. State of Punjab

Observing that "corruption at the grassroots level within government offices is akin to termites silently devouring the pillars of democracy", the Punjab & Haryana High Court has rejected the second pre-arrest bail plea of a Patwari who was accused of demanding bribe to process mutation. Justice Harpreet Singh Brar said, "It gnaws away at the trust of our citizens in the very institutions which are meant to serve them. To preserve the sanctity of justice, this weed of corruption must be uprooted, for it is only in the sunlight of transparency and integrity that the tree of justice can bear fruit."

Punjab & Haryana High Court Issues Guidelines On Proclamation Under Section 82 CrPC

Citation : 2023 LiveLaw (PH) 237

Case Title: Pardeep Kumar v. State of Punjab and another

The Punjab and Haryana High Court has laid down detailed guidelines for the issuance of a proclamation under Section 82 of CrPC, its publication, declaration as 'proclaimed offender,' and to invoke criminal proceedings against him for offence under Section 174-A of IPC.

POCSO Act | Punjab & Haryana High Court Upholds Convict's Life Sentence Based On Solely Testimony Of 13-Yr Old Victim

Citation: 2023 LiveLaw (PH) 238

Title: X v. State of Haryana

Basing the proof of charge on solitary, unblemished testimony of the victim, the Punjab & Haryana High Court upheld conviction and life imprisonment of a man for committing rape upon a 13-year old girl in Haryana.

The Division Bench of Justice Sureshwar Thakur and Justice Kuldeep Tiwari rejected the contention that testimony of the victim lost credibility because her mother deviated from her previously made statement.

Does Prosecution Under IPC After Filing Of 138 NI Act Complaint Amount To Double Jeopardy? Punjab & Haryana HC Explains

Case Title: Jitendra Singh and another v. State of Punjab and others

Citation: 2023 LiveLaw (PH) 239

While hearing an accused's plea seeking quashing of FIR u/s 406 and 420 IPC, the Punjab & Haryana High Court has observed that complaint filed u/s 138 of Negotiable Instruments Act ("NI Act") for dishonor of cheque does not bar a subsequent case for cheating u/s 420 and 406 IPC.

Justice Anoop Chitkara took note of the position laid down in Sangeetaben Mahendrabhai Patel v. State of Gujarat & An, where a two-judge Bench of the Supreme Court had held that there may be some overlapping of facts in both cases, but ingredients of offences are entirely different. Thus, a subsequent case is not barred.

Bank Has Means To Recover: Punjab & Haryana High Court While Granting Bail To Manager Accused Of Disbursing Loan On Forged Docs

Citation: 2023 LiveLaw (PH) 240

Case Title: Anil Kumar v. State of Haryana

Considering that the Bank has other alternate remedies to recover the loan amount from the accused persons, the Punjab & Haryana High Court has granted bail to a Bank Manager booked for disbursing loan on forged documents.

Justice Kuldeep Tiwari observed, " considering the fact that the Bank has other alternate remedies/mechanisms to recover the loan amount from the accused persons, as also the fact that grant of bail to the petitioner will neither cause any impediment nor will curtail the right of the Bank to take such legal recourse, as it deems fit for recovery of loan amount, the present petition is allowed."

'Person With Contraband Would Not Sit On Roadside': Punjab & Haryana High Court Acquits NDPS Accused Citing Infirmities In Prosecution Case

Citation: 2023 LiveLaw (PH) 241

Title: Kashmir Singh v. State of Punjab

The Punjab & Haryana High Court has acquitted a man who was convicted under the NDPS Act and sentenced to 10 years of rigorous imprisonment in 2013, upon noting infirmities in the prosecution case and missing links in the evidence presented.

In setting aside the trial Court verdict which found the appellant guilty, a single bench of Justice Ritu Tagore said, "The prosecution case appears quite improbable. A person having contraband would not sit on the roadside a thoroughfare, in day time, that too in open noticeable to all and prepare pouches of contraband. No person would commit any criminal activity in open. A natural tendency of an offender is to commit such illegal acts in secrecy and under cover."

P&H High Court Sets Aside Order Limiting Open Atmosphere Exposure Of High Risk Prisoners To 2 Hours, Says Inmates Enjoy Basic Human Rights

Case Title: Joginder Singh v. State of Punjab & Others, CWP 3474-2021 (O&M)

Citation: 2023 LiveLaw (PH) 242

Observing that "inmates are not to be unnecessarily subjected to cruel or degrading treatment" the Punjab & Haryana High Court has set aside an order passed by Additional Director General of Police (Jails), Punjab, which limited the release of prisoners lodged in high security zone to only two hours in the open atmosphere.

Justice Vinod S Bhardwaj said, "Prisons/Correctional facilities being a crucial part of the Criminal Justice System, plays a significant role. It is paramount that the rehabilitation and reformation of offenders represent the ultimate aspiration of jail administration."

NI Act | Wife Not Liable For Dishonor Of Cheque Drawn By Husband On Couple's Joint Account: Punjab & Haryana High Court

Case Title: Shalu Arora v. Tanu Bathla, CRM M-21768-2022

Citation: 2023 LiveLaw (PH) 243

The Punjab & Haryana High Court has ruled that a spouse will not be liable for dishonor of a cheque signed by the other spouse, merely because it was drawn on the couple's joint account.

The observation came in response to the petitioner/wife's plea for quashing of a complaint under Section 138 of Negotiable Instruments Act ("NI Act"), stating that she was accused of cheque dishonor merely because the dishonored cheque, signed by her husband, was drawn on their joint account.

"Wrongful Means To Extract Maximum From Poor", High Court Directs Haryana To Regularise Class-IV Employees Working For 30 Yrs

Citation: 2023 LiveLaw (PH) 244

Case Title: Ram Rattan & Ors. v. State of Haryana & Ors.

Calling it a glaring example to demonstrate "callous approach" of State, the Punjab & Haryana High Court has directed Haryana government to pass necessary order to regularize the services of Class-IV employees who are working under it as a daily wager since 30 years.

Justice Sandeep Moudgil said, "the instant case is a glaring example to demonstrate lethargic and callous approach of State and its instrumentalities, who are satisfied with engagement of petitioners on daily wage basis for the obvious fact that the financial liability is minimum as against the responsibility and primary duty bestowed with it under the Constitution of India, as envisaged under Articles 14 & 16 that no action of the State should be arbitrary and it shall also not smell of discrimination and inequality."

P&H High Court Issues Guidelines Against Vexatious Prosecution, Says Unjust Conversion Of Civil Into Criminal Cases Is 'Rampant'

Citation: 2023 LiveLaw (PH) 241

Case Title: Charanjit Sharma and Another v. State of Punjab and Other

Taking note of the "rampant misuse of law by unjustly converting civil disputes into criminal cases," the Punjab & Haryana High Court has issued guidelines to the trial courts across the state to protect citizens from vexatious and unwanted criminal prosecution.

Justice Harpreet Singh Brar said, "In view of the rampant misuse of the process of law by unjustly converting civil disputes into criminal cases by disgruntled litigants and at times, even after availing civil remedies, this Court would like to issue necessary instructions to protect the citizens from vexatious and unwanted criminal prosecution."

UAPA | Punjab & Haryana High Court Grants Bail To Man Accused Of Receiving Arms, Explosives From Across The Border

Citation: 2023 LiveLaw (PH) 242

Nirmal Singh alias Nimma v. State of Punjab

The Punjab & Haryana High Court has granted bail to a man accused of receiving arms, ammunition and explosive substances from across the border for using it to indulge in "anti-national activities." The accused was booked under the stringent Unlawful Activities (Prevention) Act, 1967 (UAPA Act) in 2022.

A division bench of Justice Anupinder Singh Grewal and Justice Kirti Singh said that, "The provisions of the UAPA Act are stringent and therefore, at the same time, it is necessary for the Court to carefully scrutinize the material in reference to the accusation against the accused."

Bail Plea Cannot Be Turned Into Recovery Proceedings Against Accused: Punjab & Haryana High Makes Interim Bail Absolute In Cheating Case

Citation: 2023 LiveLaw (PH) 243

Title: Arun Bhardwaj v. State of Punjab

The Punjab & Haryana High Court has observed that in cheating cases where bail is sought by the accused, the Court cannot impose a condition to deposit the allegedly misappropriated amount before granting bail.

Acknowledging the ruling of the Supreme Court in Dilip Singh v. State of Madhya Pradesh and another (2021) Justice Suvir Sehgal granted interim bail and said, "no pre-condition for deposit of alleged cheated amount can be imposed nor can a bail petition be converted into recovery proceedings."

Cheque Dishonour | P&H High Court Grants Anticipatory Bail To Illiterate Lady, Says More Empathy Needed For Women When Question Of Liberty Arises

Citation: 2023 LiveLaw (PH) 244

Title: Baby v. State of Punjab & Anr.

Observing that "unnecessary incarceration would negatively impact an individual's reputation, especially that of a woman", the Punjab & Haryana High Court has granted anticipatory bail to an "illiterate woman" who was declared as the proclaimed offender in a cheque dishonour case.

Justice Harpreet Singh Brar observed that "in light of the constitutional scheme, special provisions have been made under Sections 154, 160, 309, 357B, 357C, 437 of the Cr.P.C. to protect the rights of women. In keeping with the principles enshrined in the Constitution, the Courts are required to be more empathetic and considerate towards women when the question of curtailment of liberty arises since it is not just the woman who suffers but so does her family."

Class X Student Mistakenly Marked Zero In Board Exams, Punjab & Haryana High Court Imposes 30k Costs On School For Negligence

Citation: 2023 LiveLaw (PH) 245

Case Title: Riya v. State of Haryana and others

The Punjab & Haryana High Court has imposed a cost of Rs.30,000 on a School which mistakenly gave zero marks to a Class X board student in Haryana.

Due to the school's negligence, the marks of two students with identical names were interchanged, and the student who was marked zero in the 2021 exam could not appear for their Class XII board exams as a result.

While directing the CBSE to issue a fresh mark sheet for the student, Justice Vikas Behal said, "it would be relevant to note that on account of the mistake made by the school not only the petitioner has suffered but even the respondent-Board had to suffer litigation expenses in the present case without there being any fault on their account."

High Court Quashes FIR Against Former Punjab CM Charanjeet Singh 'Channi' For Violating Model Code Of Conduct During 2022 Polls

Citation: 2023 LiveLaw (PH) 246

Title: Charanjit Singh @ Channi v. State of Punjab

The Punjab & Haryana High Court has quashed an FIR filed against former CM of Punjab, Charanjeet Singh @ Channi, for violating the Model Code of Conduct (MCC) during the 2022 State elections.

Channi along with the late singer Siddhu Moosewala were booked under Section 188 IPC for campaigning in the Mansa region beyond the prescribed time limit.

In allowing the plea, Justice Anoop Chitkara said, "in the present case, the prosecution was launched by filing a police report under section 173 (2) CrPC for the commission of an offence punishable under section 188 IPC, whereas section 195(1)(a)() bars the Court from taking cognizance of any offence punishable under Section 188 of the IPC unless there is written complaint by the public servant concerned for contempt of their lawful order."

'DNA Report Doesn't Match With Accused', Punjab & Haryana High Court Grants Bail To Gang-Rape Accused In Jail For Over 1.5 Yrs

Citation: 2023 LiveLaw (PH) 247

Case Title: X v. Haryana

The Punjab & Haryana High Court has granted bail to a man accused of committing gang rape in 2020 in Haryana.

A bench of Justice Vivek Puri noted that the DNA sample swab collected does not match with the accused, who has been in custody for a period of 1 year and 8 months.

Punjab & Haryana High Court Quashes FIR Against Political Leaders For Allegedly Violating S.144 CrPC Orders, Says Peaceful Protest Not A Penal Offence U/S 188 IPC

Citation: 2023 LiveLaw (PH) 248

Case Title: Madan Mohan Mittal and another v. U.T. Chandigarh and others with connected matters

The Punjab & Haryana High Court has quashed FIRs against political leaders booked for allegedly violating a Magistrate sorder promulgated under Section 144 CrPC in 2020.

It was alleged that a group of political leaders, including sitting and former MLAs and ministers of Punjab, violated the orders under Section 144 CrPC enforced in Chandigarh in 2020 to curb COVID-19.

They marched towards the Punjab CM's house to meet him and raise grievances in the wake of the deaths of hundreds of people in Punjab due to the consumption of illicit and spurious liquor.

High Court Annuls Appointment Of Panjab University's UILS Head From A Non-Legal Background For Violation Of BCI's Legal Education Rules

Citation: 2023 LiveLaw (PH) 249

Case Title: Shruti Bedi v. Punjab University & Ors.

Observing that to be the head of legal education the person should have "minimum prescribed qualification in Law' as per UGC Regulations, The Punjab & Haryana High Court has set aside the order of the Panjab University (PU) which appointed a Political Science professor as the head (director) of the Law department (University Institute of Legal Studies).

With this, a bench of Justice Harsh Bunger rejected the contention of the University Institute of Legal Studies (Institute) that as per the provisions of the Rotation of Headship-Teaching Departments of PU Calendar, 2019 none of the teachers is to be denied equality before the law, therefore all the professors irrespective of their subjects are entitled to be appointed as Director of law department.

'Article 22 A Necessary Evil, An Instrument Of Protective Statecraft': P&H High Court Denies Relief To NSA Detained Amritpal's Alleged Aide

Citation: 2023 LiveLaw (PH) 250

Title: Sarabjeet Singh Kalsi v. State Of Punjab & Ors.

Observing that Article 22 of the Constitution is the "necessary evil", the Punjab & Haryana High Court has dismissed the plea of Waris Punjab De head Amritpal's alleged aide to arrest him in the FIR rather than keeping him under preventive detention under the National Security Act (NSA).

Justice Rajbir Sehrawat said, Although there have been several judgments of the Supreme Court highlighting and expanding the amplitude of right to life and liberty to various facets of the human life and impressing upon giving strict interpretation to Article 22, however, adumbrated in howsoever exalted language, and decorated with whatever adjectives; the right guaranteed by Article 21 of the Constitution cannot surpass the rigour of limitation permitted to the State by Article 22 of the Constitution.

Accused's Right To Fair Trial Prevails Over Cop's Right To Privacy: P&H High Court Orders Preservation Of Arresting Officer's Call Details U/S 91 CrPC

Citation: 2023 LiveLaw (PH) 251

Title: Paramjit Kaur v. State of Haryana

The Punjab & Haryana High Court has directed the trial Court to preserve the call details of the policemen who arrested the accused, observing that the right to a fair trial of the accused will prevail over the right to privacy of policemen.

Justice Harpreet Singh Brar said, "No doubt that passing the appropriate direction for preserving and production of call details/tower location details under Section 91 Cr.P.C. would violate the right to privacy of the police officials but the right of the accused under Article 21 of the Constitution of India in ensuring free and fair investigation/trial would prevail over the right to privacy of the police officials. Some extent of privacy can be breached in production of the said call details, as this would facilitate the learned trial Court in discovering the truth and rendering justice, which is fair to all stake holders."

'Honey Trapping Poses Risk To Nation's Security, Social Fabric': P&H High Court Denies Pre-Arrest Bail To Female Cop Allegedly Linked To Extortion Gang

Citation: 2023 LiveLaw (PH) 252

Case Title: Munesh Devi v. State of Haryana

The Punjab & Haryana High Court has rejected the anticipatory bail application of a female Assistant sub-inspector of police (ASI) accused of being a member of a honey "trapping gang" and taking a bribe to settle an allegedly false rape case.

While noting that the ASI was a member of a trapping gang and was extorting money from the complainant, Justice Anoop Chitakara said, "The Legislature had made extremely stringent laws to protect women from perverts, criminals, and those who do not respect womanhood. However, evil women like the petitioner being female and knowing their frailty, took advantage of the provision of stringent laws enacted to protect them by roping in innocent males in honey trapping."

P&H High Court Sets Aside Single Judge's Order Upholding Exam Cancellation Of MBBS Students Allegedly Found Using Unfair Means

Title: Shivam Tanwar and others v. State of Haryana and others

Citation: 2023 LiveLaw (PH) 253

The Punjab & Haryana High Court has set aside the single Judge's decision that upheld the cancellation of the entire academic year of MBBS students, allegedly found using unfair means by a university in Haryana's Rohtak.

A division bench of Justice Deepak Sibal and Justice Sukhvinder Kaur said, "we unhesitantly conclude that before cancellation of their entire MBBS Is Professional Examination the appellants were not granted reasonable opportunity to defend themselves which violates not only Clause 7 of Ordinance 4 of the University's Calendar (Pt. Bhagwat Dayal Sharma University of Health Sciences, Rohtak) but also the rule of audi alteram partem."

'Court Is Reminded Of Horrific 1984 Sikh Atrocities', Punjab & Haryana HC Denies Bail To Man Accused Of Hate Speech Against Sikhs

Citation: 2023 LiveLaw (PH) 254

Title: Rahul Sharma v. State of Punjab

The Punjab & Haryana High Court has refused to grant bail to a man who was booked for spreading hate speech against Sikh Community, observing that the words used by the accused are "henious".

Justice Jasgurpreet Singh Puri said, "This Court is reminded of one of the blackest and horrific moments in the history of India which happened in the year 1984. After the killing of the Prime Minister of India, this country witnessed riots across the country. Thousands of people were killed and their respective families are suffering till date. Although this Court will confine itself only to the allegations made in the present FIR, the wording allegedly used by the petitioner and its tenor leaves no manner of doubt that it is not only serious but also heinous in nature."

'Samadh' Of A Family Member Not A 'Place Of Worship', Its Defilement/Damage No Offence U/S 295 IPC: Punjab & Haryana HC

Citation: 2023 LiveLaw (PH) 255

Case Title: KRISHNA DEVI & OTHERS v. LAL CHAND AND ANOTHER

The Punjab & Haryana High Court has held that the desecration of the Samadh of a family member would not amount to the offence of defiling of a place of worship or sacred object under Section 295, IPC.

Justice Jasjit Singh Bedi observed, "A Samadh of a family member cannot constitute a place of worship held sacred by a class of persons. In the case of such a Samadh, a desecration thereof would entail an insult to a family member at best. By no stretch of imagination can it be held that a destruction damage or defilement would amount to insult to the religion of an aggrieved person."

High Court Orders Training Of Punjab Cops On Fundamental Rights Especially Article 21, Recommends Compulsory Exam

Citation: 2023 LiveLaw (PH) 256

Title: Karam Singh Alias Salu v. State of Punjab

Observing that "police officers are performing the duties which touch upon freedom of life and liberty," the Punjab & Haryana High Court has directed the Director General of Police, Punjab to arrange a training program on Fundamental Rights for police officials irrespective of their ranks.

Justice Jasgurpreet Singh Puri said, "This Court is of the view that even the police officers should also be given adequate training dedicated only on the chapter of Fundamental Rights and especially Article 21 of the Constitution of India since they are in day to day functioning and rather minute to minute functioning performing the duties which touch upon the freedom of life and liberty of the citizens of India. Article 21 of the Constitution of India not only protects the citizens of India but it also protects any other person irrespective of his/her nationality."

Trend Of Mechanical Grant Of Bail 'Disturbing', Punjab & Haryana HC Urges Courts To Uphold Judicial Discipline For Public Confidence

Citation: 2023 LiveLaw (PH) 257

Title: Monu v. State of Haryana and another

Expressing concern over the "disturbing trend" of trial courts granting bail mechanically, the Punjab & Haryana High Court said the Courts are expected to consistently uphold judicial discipline and propriety to ensure that public confidence is maintained in the judicial process.

Justice Harpreet Singh Brar said, "a very disturbing trend is emerging with the trial Courts as they have adopted a practice to grant bails in a mechanical manner, which is a huge cause of concern. The Courts are expected to consistently uphold judicial discipline and propriety to ensure that public confidence is maintained in the judicial process."

2016 Nabha Jailbreak | Punjab & Haryana High Court Dismisses Plea Challenging Termination Order Of Jail Authorities

Case Title: Paramjit Singh Sandhu v. State of Punjab and others and other connected matters.

Citation: 2023 LiveLaw (PH) 258

The Punjab & Haryana High Court has dismissed the plea challenging the dismissal order of jail authorities who were terminated from service due to the Nabha Jail Prison break incident in 2016.

Justice Sanjeev Prakash Sharma opined, "the respondents have taken a decision after due application of mind and the requirement of reaching to such conclusion cannot be said to be unjustified or arbitrary in nature. In view thereof, decision taken to dispense with the enquiry and passing punishment order cannot be said to be illegal or unjustified."

Despite SC's Caution, P&H High Court Relies On HC's 'Javed' Judgment To Allow Minor Muslim Girl To Live With Husband, Denies Custody To Father

Case Title: Zakir Hussain and Another v. State of Haryana and Others

Citation: 2023 LiveLaw (PH) 259

The Punjab & Haryana High Court on Wednesday refused to grant custody of a minor Muslim daughter to her father, who married against her parents' wishes as it noted that her marriage was valid as per Mohammedan Personal Law.

Justice Deepak Gupta observed that, "Since the marriage of the petitioners was valid as per the Mohammedan Personal Law, petitioner No.2 (daughter) being above the age of 15 years i.e., age of puberty and petitioner No. 1 (husband of daughter) also being of marriageable age, and they having performed Nikaah as per their wish, so the custody of petitioner No.2 is directed to be handed over to petitioner No. 1. Respondent No.4- father of petitioner No.2 cannot claim the custody of petitioner No.2 and his wishes in this regard would be inconsequential."

'A Parent May Be Morally Bad In Societal Sense But May Be Good For Child': P&H High Court Upholds Visitation Rights To Alleged Drug Addict Father

Case Titile: X v. Y

Citation: 2023 LiveLaw (PH) 260

The Punjab & Haryana High Court has upheld the visitation rights granted to the father of a 10-year-old daughter who was allegedly dependent on substances, observing that "a man or a woman may be bad for someone in a contextual relationship; however, the same does not necessarily mean that the person is bad for his/her child."

While noting that the trial court had observed that the father is "dependent on chemicals" and as per records his treatment has not been completed yet, the Court said, "these observations so made ipso facto, do not make the father to be a bad man and no conclusive opinion can be made about his being dependent upon chemicals. A man or a woman may be bad for someone in a contextual relationship, the same does not necessarily mean that the person is bad for his /her child."

S. 19 PMLA| ED Officials Must Inform Arrest Grounds To Accused On Day Of 'Unlawful Restraint' Even If No Formal Arrest Is Made: P&H High Court

Citation: 2023 LiveLaw (PH) 261

Title: Pranav Gupta v. Union of India & Anr.

The Punjab & Haryana High Court has ordered the release of two directors of a Pharma Company arrested by ED officials in a money laundering case, observing that taking the accused persons in custody (unlawful restraint) without an official arrest memo will be counted as the day of the arrest and they are required to be informed about the ground of arrest on that day itself.

The Court further added that not furnishing the grounds of arrest on the day of custody will be violative of the mandatory provision of Section 19 of the Prevention of Money Laundering Act, 2002 (PMLA).

'Can Ignore Gravity Of Offence For Time Being', P&H High Court Grants Bail To Advanced-Stage Pregnant Woman Accused In NDPS Case

Citation: 2023 LiveLaw (PH) 262

Case Title: Amanjot Kaur v. State of Punjab

The Punjab & Haryana High Court recently granted bail to a woman, accused under the NDPS Act, who is at the advanced stage of pregnancy, observing that "giving birth to a child while in custody is not only traumatic to the mother but also to the child to be born because psyche of a child will always have an adverse impact, as and when said child is questioned about his birth."

Justice Deepak Gupta said, "although the petitioner is alleged to have been found in possession of the contraband falling in the commercial category, pregnancy of a woman is a special circumstance, in which the gravity of the offence for the time being is liable to be ignored."

P&H High Court Allows Plea Of Man Stuck In Canada To Record Evidence Via VC Mode Noting 'Strained' Indo-Canada Diplomatic Relations

Citation: 2023 LiveLaw (PH) 263

Title: Sukhmanjit Singh Dhindsa v. State of Punjab and others

Considering the strained diplomatic relations between India and Canada, the Punjab & Haryana High Court has directed the trial court to allow the recording of evidence through video conferencing for a complainant who is a resident of Canada.

Justice Harpreet Singh Brar observed, "The recourse to record evidence through video conferencing is all the more necessary when the attendance of a witness cannot be procured physically and any delay would affect the progress of the trial, which would cause great hardship and inconvenience to the witness by travelling a long distance to depose."

'UAPA, PMLA Can't Be Invoked By Writing Of A Letter From SSP': High Court Directs Punjab Govt To Consider Reinstatement Of Cops Acquitted In UAPA Case

Citation: 2023 LiveLaw (PH) 264

Title: Harmeet Lal v. State of Punjab & Ors.

The Punjab & Haryana High Court has directed the Punjab government to reconsider the case of policemen (following their acquittal in a criminal case) who were earlier dismissed from service following a departmental inquiry initiated against them for allegations of supplying arms to Naxalites.

Justice Jagmohan Bansal noted that the SSP concerned had invoked the Unlawful Activities (Prevention) Act, 1967 and the Prevention of Money Laundering Act, 2002 "without ascertaining even the complete title of these Acts as well as the scope of invoking these Acts."

P&H High Court Rebukes RBI's 'Pedantic Approach' In Denying Appointment Letter To PwD Candidate Over Her Inability To Give Biometric Thumb Impression

Case Title: Sakshi Babbar v. RBI & Anr.

Citation: 2023 LiveLaw (PH) 265

The Punjab & Haryana High Court has pulled up the Reserve Bank of India for its 'pedantic approach in not issuing an appointment letter to a candidate with a disability as she couldn't give her thumb impression on biometrics because of the disability condition.

Though the Candidate had verified her identity physically and qualified for the exam for a post in the Bank, she was denied the issuance of an appointment letter because verification could not be completed on biometrics.

Compassionate Appointment Meant For 'Immediate Financial Difficulties': P&H HC Refuses Relief To Man Whose Father 'Died' In '1984 Operation Blue Star

Citation: 2023 LiveLaw (PH) 266

Title: Bal Amrit Singh v. UOI & Ors.

The Punjab & Haryana High Court has dismissed the plea seeking compassionate appointment to a son whose father allegedly died in 1984 Operation Blue Star, observing that compassionate appointment is given only to come out "from the immediate financial difficulties."

While noting that the petitioner attained majority in 1998 and a further 12 years passed by when his case was rejected, Justice Sanjeev Prakash Sharma said, "In these circumstances, without examining the issue of whether the appointment was available to the families who died during the operation Blue Star, this Court finds that by efflux of time after almost more than 20 years, compassionate appointment cannot be offered to the petitioner, although it is not a regular mode of appointment but the same is given to the dependent of the deceased Government servant only to come out from the immediate financial  difficulties which cannot be said to be existing as on today in relation to the petitioner."

Nexus With Offence Required For Bank Account Seizure U/S 102 CrPC: P&H High Court Rejects CBI's Plea Challenging Account De-Feezing Order

Citation: 2023 LiveLaw (PH) 267

Title: Central Bureau of Investigation v. Arvinderjeet Kaur Puri

While upholding the decision of de freezing the bank account of a teacher accused under the Prevention of Corruption Act of having disproportionate assets, the Punjab & Haryana High Court has made it clear that there must be a nexus between the bank account and the offence alleged, to give rise to a suspicion qua the commission of an offence.

Perusing Section 102 CrPC, Justice Manjari Nehru Kaul said, "what flows from the above provisions of Section 102 of the Cr.P.C. is that the requirement for such a seizure is that there must be a nexus between the bank account and the offence alleged, so as to give rise to a suspicion qua the commission of an offence. In the case at hand, learned counsel for the respondent has submitted that she has a separate and independent source of income as a teacher and since her salary accounts have been attached, she has been unable to meet her ends."

High Court Raps Punjab Police For Mentioning Religion In FIR Despite DGP Assuring In Affidavit Not To Mention It

Citation: 2023 LiveLaw (PH) 268

Title: Gurnishan Singh @ Shano Nihang v. State of Punjab

The Punjab & Haryana High Court has pulled up Punjab state police for mentioning the religion in the FIR despite giving assurance for not repeating the same, a year ago.

While noting that the expression 'Sardar' had been used in an FIR which connotes religion, Justice Jagurpreet Singh Puri recalled that the Court has already taken a serious note with regard to the same not only for the State of Punjab but also for the State of Haryana.

POCSO Act| Ejaculation Of Semen Not A Necessary Pre-Requisite To Prove Penetrative Sexual Assault: Punjab & Haryana HC

Citation: 2023 LiveLaw (PH) 269

Case Title: X v. State of Haryana

The Punjab & Haryana High Court has recently upheld the conviction under Section 6 (punishment for aggravated penetrative sexual assault) of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) for committing rape of an 8 years old girl, observing that ejaculation of semen is not necessary pre-requisite for the purpose of proving penetrative sexual assault.

A division bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma observed, "Simply because semen was not detected, it cannot be said with all certainty that there was no penetration.

All that is required to prove the offence of penetrative sexual assault defined under Section 3 of the POCSO Act is, mere penetration of penis or any object or part of the body into the vagina, mouth, urethra or anus of a child or mere insertion to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of the child and even if the accused manipulates any part of the body of the child so as to cause penetration into the vagina, urethra, anus or any part of the body of the child then also it constitutes an offence of penetrative sexual assault."

State Seeking Opinion From UOI On District Judges Appointment A 'Serious Assault' On Independence Of HC's Functioning: P&H High Court

Citation: 2023 LiveLaw (PH) 270

Title: Shikha and others v. State of Haryana and others

The Punjab & Haryana High Court on Wednesday, directed Haryana to accept the recommendations of the High Court made on appointing 13 judicial officers as additional district and session judges and give necessary effect to it "within two weeks."

It also opined that the State government's move to seek a legal opinion from the Union Government in the matter "would amount to a serious assault on the independence of the functioning of the High Court.

Punjab & Haryana High Court Acquits Man Sentenced To Death For Murdering Wife, Children & A Farm Worker Over 'Illicit Relationship

Case Title: State of Punjab v. Palwinder Singh

Citation: 2023 LiveLaw (PH) 271

Pointing out several discrepancies in the circumstantial evidence on which the Trial Court relied to convict and sentence the accused (Palwinder Singh) to death for murdering his entire family (including his wife and two children and a farm worker, the Punjab & Haryana High Court set aside the conviction and acquitted him of the murder charges.

The court acquitted both the accused, including Karamjit Kaur, who was sentenced to Life Imprisonment. The allegations against them suggested a conspiracy between the two to murder Singh's family and Kaur's husband, a farm worker, due to their suspected extramarital relationship. Both convicts tied the knot nine months after the demise of the victims.

Selective Pregnancy Termination Fuels Gender Inequality; Forced Abortion In Unhygienic Clinics Attacks Right To Bodily Autonomy: P&H HC

Citation: 2023 LiveLaw (PH) 272

Title: Dr. Rachna Raina v. State of Haryana

Observing that "forced, illicit abortions in unhygienic clinics directly attacks their right to bodily autonomy inter alia violating right enshrined under Article 21, the Punjab & Haryana High Court refused to quash an FIR lodged against a female doctor, alleged involved in illegal sex determination, on the ground that under the Preconception and Pre- Natal Diagnostic Techniques Act, 1994 (PNDT Act) the cognizance can be taken by the Court only on filing of complaint by appropriate authority.

Mere Violation Of Bail Condition Not Enough To Cancel Bail: Punjab & Haryana High Court

Citation: 2023 LiveLaw (PH) 273

Title: Rajiya v. State of Haryana

The Punjab & Haryana High Court has made it clear that a mere violation of a bail condition would not be enough to cancel bail and there must be cogent and overwhelming circumstances necessary to cancel the bail once granted.

While quashing the bail condition and order cancelling bail in an NDPS case, Justice Jasjit Singh Bedi said, "The only condition that can be imposed is that the Investigating Agency/complainant would be at liberty to move an application for cancellation of bail which would be adjudicated upon in accordance with law. In fact, bail once granted cannot be cancelled automatically and in a mechanical manner. There must be cogent and overwhelming circumstances necessary to cancel the bail once granted."

Can Rely On Statement Of Complainant Who Turned Hostile If Sufficient Evidence Available To Corroborate Prosecution's Version: P&H High Court

Citation: 2023 LiveLaw (PH) 274

Title: Shokeen v. State of Haryana

While refusing to set aside the conviction in a murder case, the Punjab & Haryana High Court has made it clear that where sufficient evidence is available to corroborate prosecution version, the statement of the complainant, despite his turning hostile during cross-examination can still be relied upon.

A division bench of Justice Gurvinder Singh Gill and Justice Gurbir Singh observed that " where sufficient evidence is available to corroborate prosecution version, the statement of the complainant, despite his turning hostile during cross-examination can safely be relied upon."

Punjab Ajnala Violence| 'No Citizen Can Interfere In Administration Of Justice On Strength Of Unholy Mob': High Court Refuses Bail To 2 Amritpal's Alleged Aides

Case Title: Bhupinder Singh @ Sheru v. State of Punjab

Citation: 2023 LiveLaw (PH) 275

The Punjab & Haryana High Court has rejected the bail pleas of "Waris Punjab De" chief Amritpal Singh's alleged aides in Ajnala Police Station Attack case.

In February, Amritpal, along with a mob, allegedly attacked a police station in Punjab's Ajnala, in an attempt to forcibly release his alleged aide from judicial custody.

While rejecting the relief of bail, Justice Kuldeep Tiwari said, "On the strength of an unholy mob, no citizen of this country can be allowed to either interfere in the administration of justice, or, to cause injury(ies) to public authority(ies), while them being discharging their public duty(es). At this stage, this Court refrains from evincing any opinion as regards the veracity of the allegations, and/or, evidentiary worth of the evidence collected by the investigating agency, leaving the same to be appreciated by the trial Court, at an appropriate stage."

'Drugs Inspector, Not Police, Holds Power To Search And Seize As Per Sec 22 Drugs And Cosmetics Act': Punjab & Haryana High Court

Citation: 2023 LiveLaw (PH) 276

 Case Title: Gaurav Chawla v. State of U.T. Chandigarh

The Punjab & Haryana High Court has made it clear that the Police have no authority to search or seize the alleged illegal product in contravention of the Drugs and Cosmetics Act, the power to seize would lie with the Inspector appointed under the Act.

For context, as per Section 22 of The Drugs and Cosmetics Act, 1940, the power to conduct any search and seizure is vested solely with the Drug Inspector.

P&H High Court Upholds Tenant's Ejectment On Personal Necessity Citing Landlord's Moral Duty To Settle Grown-Up Sons During His Lifetime

Citation: 2023 LiveLaw (PH) 277

Case Title: Balkar Singh v. Sucha Singh

Observing that "It is his moral duty to settle down his grown up sons during his lifetime," the Punjab & Haryana High Court has upheld the ejectment of a tenant on the basis of personal necessity and arrears of rent.

The ejectment was filed based on the arrears of rent and for the personal use of the shop by his sons, which was occupied by the tenant.