Jatinder Singh Alias Babu vs State Of Punjab
2024 Latest Caselaw 7422 P&H

Punjab-Haryana High Court

Jatinder Singh Alias Babu vs State Of Punjab on 8 April, 2024

Author: Gurvinder Singh Gill

Bench: Gurvinder Singh Gill

                                                                              2024:PHHC:047191

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


                                                                     CRM-M-17316-2024 (O&M)
                                                                     Date of Decision:-8.4.2024


                Jatinder Singh @ Babu                                               ... Petitioner

                                                      Versus

                State of Punjab                                                     ... Respondent



                CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL



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

                                   Mr. Gauravdeep Singh Dhaliwal, AAG, Punjab.

                                                      *****

                GURVINDER SINGH GILL, J. (Oral)

1. 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 8.1.2024.

2. Today, at the very outset, the learned counsel for the petitioner submits that

he may be permitted to withdraw the present petition with liberty to

surrender before the trial Court and to apply for grant of regular bail.

3. In view of the aforesaid request, the present petition is dismissed as

withdrawn with liberty aforesaid.

4. In case, the petitioner surrenders before the trial Court within a period of 10

days from today and applies for grant of regular bail, learned Trial Court

CRM-M-17316-2024 (O&M) (2) 2024:PHHC:047191

shall consider the same expeditiously in view of 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."

8.4.2024 ( Gurvinder Singh Gill ) pankaj Judge

Whether speaking /reasoned Yes / No

Whether Reportable Yes / No