Punjab & Haryana High Court Weekly Roundup: July 3 To July 9, 2022

Sanjay Bakshi v. State Of Punjab 2022 LiveLaw (PH) 168

Harjeet Lal @ Laddu Vs. State of Punjab 2022 LiveLaw (PH) 169

Sukhdeep Singh Versus State of Punjab 2022 LiveLaw (PH) 170

Deepa @ Deepika Versus State Of Haryana 2022 LiveLaw (PH) 171

Pankaj Dalal v. State of Haryana 2022 LiveLaw (PH) 172

Dinesh Versus State of Haryana 2022 LiveLaw (PH) 173

Kamlesh Rani V. State Of Punjab And Ors. 2022 LiveLaw (PH) 174

Vijay Singla v. State of Punjab 2022 LiveLaw (PH) 175

Kawabir Singh Versus State of Punjab and another 2022 LiveLaw (PH) 176

Rajbir Versus Ashok Kumar and others 2022 LiveLaw (PH) 177

Amarjeet Singh Versus State Of Punjab And Others 2022 LiveLaw (PH) 178

Satpal Singh and others Versus State of Haryana and others 2022 LiveLaw (PH) 179

Anmol Verma v. Radhika Sareen 2022 LiveLaw (PH) 180

Punjab & Haryana High Court Grants Bail To One Held For Duping Man Of ₹35 Lakhs On Pretext Of Sending His Son Abroad

Case Title : Sanjay Bakshi v. State Of Punjab

Citation: 2022 LiveLaw (PH) 168

The Punjab and Haryana High Court while dealing with a regular bail plea in a case where the petitioner alongwith his mother were said to have duped the complainant for a sum of Rs.35,00,000/- on the pretext of sending his son to Canada, granted the concession of bail to the petitioner on the ground that his co-accused (mother) has already been enlarged on bail and he has undergone incarceration of nearly two months.

Power To Grant Regular Bail U/S 439 CrPC Is Subject To Conditions Laid Down In S.37 NDPS Act: Punjab & Haryana High Court Reiterates

Case Title: Harjeet Lal @ Laddu Vs. State of Punjab

Citation: 2022 LiveLaw (PH) 169

The Punjab and Haryana High Court has held that when dealing with a case registered under the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985, the power to grant regular bail under Section 439 CrPC is subject to the conditions laid down in Section 37 of the NDPS Act.

Accused Under SC/ST Act Can't Approach High Court U/S 438 CrPC After Rejection Of Anticipatory Bail By Sessions Court: Punjab & Haryana High Court

Case Title: Sukhdeep Singh Versus State of Punjab

Citation: 2022 LiveLaw (PH) 170

The Punjab and Haryana High Court has held that once the plea for anticipatory bail under Section 438 CrPC is rejected by the Sessions Court to an accused under the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989, the accused cannot be invoked High Court's concurrent jurisdiction under the said provision. It held that once such a plea is rejected by the Sessions Court, the remedy would be to prefer an appeal under Section 14-A of the SC/ST Act.

Punjab & Haryana High Court Grants Bail To Woman Allegedly Involved In Pre-Natal Sex Determination Activities

Case Title: Deepa @ Deepika Versus State Of Haryana

Citation: 2022 LiveLaw (PH) 171

The Punjab and Haryana High Court has recently granted regular bail to a woman booked under the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, allegedly for accompanying the decoy witness to the place where the sex determination test was supposed to be conducted. After taking into consideration the facts and circumstances of the case, role played by the petitioner, along with the fact that co-accused was already released on regular bail, the court deemed it appropriate to allow the instant petition releasing the petitioner on regular bail.

NDPS Act | Punjab & Haryana High Court Grants Bail To First-Time Offender In Case Involving Over 2 Kg Ganja

Case Title : Pankaj Dalal v. State of Haryana

Citation: 2022 LiveLaw (PH) 172

The Punjab and Haryana High Court has recently granted regular bail to the accused in NDPS matter from whom contraband weighing more than 2 kgs was recovered, on the ground that he is a first time offender who has already been in custody for around six months and should be provided with an opportunity to course-correct his conduct.

POCSO Act | Punjab & Haryana HC Grants Bail To Man Booked On Allegations By Wife Regarding Incident That Took Place When She Was Minor

Case Title: Dinesh Versus State of Haryana

Citation: 2022 LiveLaw (PH) 173

The Punjab and Haryana High Court recently granted regular bail to a man booked under the POCSO Act after the complainant, his wife, accused him of penetrative sexual assault in an incident that allegedly took place prior to their marriage, when she was still a minor.

"Mother's Indefeasible Right": P&H High Court Grants Infant's Interim Custody To Mother For The Purpose Of Breastfeeding

Case Title - Kamlesh Rani V. State Of Punjab And Ors.

Citation: 2022 LiveLaw (PH) 174

In a significant order, the Punjab and Haryana High Court recently directed the handing over of the custody of a four-month-old boy to his biological mother for the purpose of breastfeeding. However, the High Court's bench of Justice Sureshwar Thakur did clarify that the custody would be interim in nature for the limited purpose of breastfeeding the Child. In this regard, the Court also relied upon Article 25(2) of the Universal Declaration of Human Rights.

Punjab And Haryana High Court Grants Bail To Former Punjab Health Minister Vijay Singla In Corruption Case

Case Title: Vijay Singla v. State of Punjab

Citation: 2022 LiveLaw (PH) 175

The Punjab and Haryana High Court granted bail to former state health minister Dr. Vijay Singla in connection with a corruption case. The bench of Justice Lisa Gill granted him bail in the case wherein he has been accused of "one percent commission" in tenders and purchases by his department.

'Not Heinous Offence': Punjab & Haryana High Court Allows Quashing Of FIR U/S 498-A IPC

Case Title: Kawabir Singh Versus State of Punjab and another

Citation: 2022 LiveLaw (PH) 176

The Punjab and Haryana High Court recently allowed a petition for quashing of an FIR registered under Section 498-A and Section 406 IPC in a matrimonial dispute, on the ground of a mutually agreed settlement between the parties. The bench comprising Justice Deepak Sibal noted that the agreed amount has been paid in its entirety to the wife and the parties have been granted divorce by mutual consent based on the said agreement.

Trial Court Can Frame "Additional Issues" Based On Disputes Between Parties: Punjab & Haryana High Court

Case Title: Rajbir Versus Ashok Kumar and others

Citation: 2022 LiveLaw (PH) 177

The Punjab and Haryana High Court, while dealing with a revision petition against the order of the Trial Court wherein defendants' application for framing of an additional issue with regard to plea of adverse possession was allowed, has held that if defendants took a specific plea that was controverted by the plaintiff and the trial Court felt that both the parties were at issue, striking of issue cannot be held to be wrong.

Punjab & Haryana High Court Denies Parole Extension To Prisoner Who Miscommunicated Eye Operation As Brain Tumor Surgery

Case Title: Amarjeet Singh Versus State Of Punjab And Others

Citation: 2022 LiveLaw (PH) 178

The Punjab and Haryana High Court recently dismissed a writ petition filed by a prisoner seeking extension of his parole to undergo surgery of brain tumor on the ground that the status report by the Investigating Agency clearly reflected that the petitioner was to undergo an eye surgery and not surgery of brain tumor.

Revenue Officials Bound To Effect Mutations In Record According To Court's Decree: Punjab & Haryana High Court

Case Title: Satpal Singh and others Versus State of Haryana and others

Citation: 2022 LiveLaw (PH) 179

The Punjab and Haryana High Court has held that it is the duty of revenue officials to incorporate the court's decree in the revenue record, in true letter and spirit. The observation was made while dealing with a petition for quashing impugned order wherein Naib Tehsildar-cum-Assistant Collector had ignored the decree of the civil court which held that the Will is valid in favour of petitioner's predecessor. This order was upheld upto the Supreme Court. However, the Tehsildar refused to sanction mutation in favour of the petitioners.

Incessantly Filing Complaints Against Husband & His Family Resulting In Arrest & Damage To Reputation Amounts To Cruelty: Punjab & Haryana HC

Citation: 2022 LiveLaw (PH) 180

The Punjab and Haryana High Court recently allowed the appeal by the husband against the order of the Trial Court wherein his petition under Section 13 of the Hindu Marriage Act, 1955 (HMA) for dissolution of marriage was dismissed.

Bambiha Group 'Gangsters' Allege Deprivation Of Basic Necessities In Jail: Punjab & Haryana High Court Seeks ADG's Reply

Case Title: Sukhpreet Singh Dhaliwal @ Budha & Anr. Vs. State of Punjab & Ors.

Alleged gangsters Sukhpreet Buddha and Amit Dagar of Bambiha Group have moved the Punjab and Haryana High Court alleging that they are being tortured and are being kept in complete isolation thereby violating their fundamental rights. The bench of Justice Arvind Singh Sangwan has issued notices to the state of Punjab and the CBI and has asked the ADGP (Prisons), Punjab to file an affidavit with regard to compliance with the directions given in the High Court's judgment of Viresh Shandilya vs. Union of India, 2004 SC Online P&H 1054.

Case Title - Shagun Preet Singh V. State Of Punjab

The Punjab and Haryana High Court today reserved its order in anticipatory bail and protection plea moved by Slain singer-politician Sidhu Moosewala's manager, Shaganpreet Singh (currently in Australia) in connection with the Youth Akali leader Vicky Middukhera's murder case. In his protection plea, Shaganpreet had cited a potential threat to life from gangsters Lawrence Bishnoi and Satwinder Singh alias Goldy Brar.

Case Title: Kangana Ranaut v Mahinder Kaur

Bollywood actress Kangana Ranaut has approached the Punjab and Haryana High Court challenging criminal defamation proceedings initiated on complaint of one Mahinder Kaur, before a Magistrate Court in Bathinda.