Punjab-Haryana High Court
Masoom Ali vs State Of Punjab on 29 October, 2024
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
1
CRM-M-54280
4280-2024 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M--54280-2024 (O&M)
Date of Decision: 29.10.2024
Masoom Ali ...Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present: Ms. Pragti Kumar,, Mr. Thomas Seth, Mr. Abhinav Mahant and
Mr. Anshul, Advocates, for the petitioner.
GURVINDER SINGH GILL, J. (Oral)
1. The petitioner has approached this Court challenging order dated 02.09.2024 (Annexure P-4) passed by the Additional Sessions Judge, Jalandhar, whereby his bail has been cancelled on account of his absence in case FIR No.70 No. dated 04.05.2021, registered at Police Station Katarpur, District Jalandhar, under Sections 307, 379-B, B, 511, 188 IPC and 51b of the Disaster Disast Management Act..
2. This impugned order dated 02.09.2024 (Annexure P-4)) having been passed by the Court on account of violation of conditions of the bail bonds/surety bonds, bonds this Court does not wish to comment upon the same.
3. It is, however, directed that in case the petitioner surrenders before the trial rial Court within 10 days from today and moves an application for grant of regular bail, the trial rial Court shall consider the same expeditiously while taking into account the observations observations made in concluding paragraph of VIMAL KUMAR judgment passed by this Court in CRM--M-39172 of 2021 titled Pawan 2024.10.29 16:48 I attest to the accuracy and integrity of this document 2 CRM-M-54280 4280-2024 (O&M) Kumar Vs. State of Haryana and another decided on 21.09.2021, 9.2021, 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 account of genuine reasons, say on account of having noted the he 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 ba bail il 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 he 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."
4. Petition stands disposed off accordingly.
29.10.2024
.10.2024 (GURVINDER
GURVINDER SINGH GILL
GILL)
Vimal JUDGE
Whether speaking/reasoned: Yes/No Whether reportable: Yes/No VIMAL KUMAR 2024.10.29 16:48 I attest to the accuracy and integrity of this document