Davinder Singh Alias Bunti vs The State Of Punjab
2022 Latest Caselaw 6449 P&H

        In the High Court for the States of Punjab and Haryana
                         At Chandigarh

                                                    CRM-M-27067-2022 (O&M)
                                                    Date of Decision:-8.7.2022

Davinder Singh @ Bunti                                           ... Petitioner

                                   Versus

State of Punjab                                                  ... Respondent


CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

Present:-    Mr. Aseem Sharma, Advocate for the petitioner.

             Mr. Tanvir Joshi, AAG, Punjab.
                                *****

GURVINDER SINGH GILL, J.(Oral)

CRM-22308-2022

In view of the reasons mentioned in the application, the same is

allowed and the document annexed with the application is taken on record as

Annexure P-7 subject to all just exceptions.

CRM-M-27067-2022 (Main Case)

The petitioner has approached this Court challenging order

dated 18.5.2022 (Annexure P-4) passed by learned Judge, Special Court,

Fatehgarh Sahib, whereby his bail has been cancelled by the Trial Court on

account of his absence on 18.5.2022.

This Court does not find any illegality in impugned order dated

18.5.2022 (Annexure P-4), which was passed by the Court upon absence of

accused/petitioner on the date fixed, which would be in violation of

conditions of the bail bonds/surety bonds. The order, as such, is upheld.

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                                    (2)                 CRM-M-27067-2022 (O&M)

It is, however, directed that 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 21.9.2021, 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 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."

The petition stands disposed off accordingly.

8.7.2022                                             ( Gurvinder Singh Gill )
pankaj                                                     Judge


              Whether speaking /reasoned        Yes / No

              Whether Reportable                Yes / No




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