Paras Arora vs State Of Punjab
2022 Latest Caselaw 5815 P&H

     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                    CHANDIGARH

                                                                                 107

                                    CRM-M-24473-2022
                                    Date of Decision: 31.05.2022

Paras Arora                                                     ...Petitioner

                                    Versus

State of Punjab                                                 ...Respondent


CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

Present:       Mr. Jivitesh Singh Dosanjh and Ms. Nisha Puri, Advocates,
               for the petitioner.

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 28.02.2022.

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 within 10 days from today and moves an

application for grant of regular bail, the trial Court shall consider the

same expeditiously in view of observations made 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

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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."

In case, the trial Court choses to grant bail to the petitioner,

it shall also consider restoration of the surety bonds, if permissible under

law.

31.05.2022                                (GURVINDER SINGH GILL)
Vimal                                             JUDGE

                    Whether speaking/reasoned:   Yes/No
                    Whether reportable:          Yes/No




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