Pankaj Piplani Alias Sheru vs State Of Punjab
2024 Latest Caselaw 7014 P&H

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

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