(D.Y. Chandrachud, Indu Malhotra and Indira Banerjee, JJ.)
Parveen _________________________________________ Petitioner;
v.
State of Haryana __________________________________ Respondent.
Petition(s) for Special Leave to Appeal (Crl.) Nos. 4292-4293/2020, decided on October 12, 2020
(With I.R. and IA No. 89604/2020-Exemption From Filing C/C of the Impugned Judgment)
Petition(s) for Special Leave to Appeal (Crl.) Nos. 4292-4293/2020; CRR No. 1316/2018; CRM No. 7833/2020; and IA No. 89604/2020
The Order of the court was delivered by
Order
1. The High Court, by its order dated 11-2-20201, dismissed the revision filed by the petitioner against his conviction under the provisions of Section 25 of the Arms Act 1959 in the absence of the petitioner on the ground that he had not remained present on the four out of the previous six occasions.
2. During the pendency of the revision, which was filed on behalf of the petitioner through the Legal Services Authority, Rohtak, he was admitted to bail on 16 April 2018.
3. Ms. Tina Garg, learned counsel appearing on behalf of the petitioner, states that in pursuance of the impugned judgment of the High Court, the petitioner has been taken into custody in July 2020. She has urged that the dismissal of the revision against an order of conviction without the High Court adjudicating on the merits is contrary to the settled position of law.
4. Issue notice, returnable in four weeks.
5. Liberty to serve the Standing Counsel for the State of Haryana, in addition.
6. In the meantime, we direct that the petitioner shall be released on bail, subject to such terms and conditions as may be imposed by the Judicial Magistrate, First Class Rohtak in connection with Criminal Case No 85-2 of 2013 arising out of FIR No 45 dated 14 February 2013 registered at PS Urban Estate, Rohtak, Haryana.
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1 Parveen v. State of Haryana, CRR No. 1316 of 2018, order dated 11-2-2020 (P&H)
