Sumit vs State Of Haryana
2022 Latest Caselaw 1335 P&H

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



                                            CRM-M-9738-2022 (O&M)
                                            Date of Decision:- 8.3.2022


Sumit                                                         ... Petitioner

                                Versus


State of Haryana                                              ... Respondent



CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL


Present:-   Mr. Akashdeep Singh, Advocate, for the petitioner.


            (Proceedings conducted through video conferencing)

            *****

GURVINDER SINGH GILL, J. (Oral)

The instant petition has been filed seeking grant of anticipatory

bail as the petitioner apprehends his arrest consequent upon his bail having

been cancelled by the Trial Court on account of his absence on 16.2.2021.

The aforestated position, wherein the petitioner has jumped bail

does not warrant grant of anticipatory bail in view 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.

It is, however, directed that in case the petitioner surrenders

before the Trial Court on or before the next date fixed before it and moves an

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application for grant of regular bail, the Trial Court shall consider the same

in view of directions in concluding paragraph of judgment passed by this

Court in Pawan Kumar's case (supra), 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, sayon 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."

The petition, as such, is disposed off with aforesaid directions.

8.3.2022                                      (GURVINDER SINGH GILL)
mohan                                                 JUDGE


            Whether speaking /reasoned        Yes / No

            Whether Reportable                Yes / No




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