Punjab-Haryana High Court
Pankaj Piplani Alias Sheru vs State Of Punjab on 3 April, 2024
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
2024:PHHC:044720
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-16140-2024
Date of Decision: 03.04.2024
Pankaj Piplani @ Sheru ...Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present: Mr. Sumit Dua, Advocate, for the petitioner.
GURVINDER SINGH GILL, J. (Oral)
The petitioner has approached this Court seeking quashing of order dated 13.03.2024 (Annexure P-8E) vide which non bailable warrants have been issued against the petitioner and notice under Section 446 Cr.P.C. has also been issued against his surety.
Having heard learned counsel for the petitioner, this Court does not find any infirmity in the impugned order. However, in case the petitioner surrenders before the trial Court within 10 days from today and moves an application for grant of regular bail, the trial Court shall consider the same expeditiously while taking into account the observations made in concluding paragraph of judgment passed by this Court in CRM-M-39172 of 2021 titled Pawan Kumar Vs. State of Haryana and another decided on 21.09.2021, which reads as under:
"12. Before parting with this order, it needs to be added that this Court cannot lose sight of the fact that there would be certain cases where an accused is unable to appear before the trial Court on VIMAL KUMAR 2024.04.03 18:09 I attest to the accuracy and integrity of this document CRM-M-16140-2024 -2- account of genuine reasons, say on account of having noted the date incorrectly or on account of certain reasons which are beyond his control. In such cases, the accused can surrender before the trial Court and it is expected that the trial Courts would take a lenient view in genuine cases and decide the regular bail application expeditiously. In a given set of circumstances where the trial Court is satisfied that there were valid reasons for the absence of an accused and that he has surrendered at the shortest possible time, the trial Court can in fact dispose of the regular bail application on the very day the same is presented by accused upon his surrender. The trial Court, in its discretion, may also chose to grant interim bail, in fit cases, but only after surrender of accused."
Petition stands disposed of accordingly.
03.04.2024 (GURVINDER SINGH GILL)
Vimal JUDGE
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
VIMAL KUMAR
2024.04.03 18:09
I attest to the accuracy and
integrity of this document