Punjab-Haryana High Court
Jaswant Kumar @ Mani vs State Of Punjab on 15 April, 2024
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
2024:PHHC:049921
In the High Court for the States of Punjab and Haryana
At Chandigarh
CRM-15441-2024 in/and
CRM-M-50794-2023 (O&M)
Date of Decision:-15.04.2024
Jaswant Kumar @ Mani ... Petitioner
Versus
State of Punjab ... Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Mr. Sanjeev Kumar Banga, Advocate, for the petitioner.
Mr. Gauravdeep Singh Dhaliwal, AAG, Punjab.
*****
GURVINDER SINGH GILL, J.(Oral)
CRM-15441-2024
The instant application has been filed seeking extention of time to
appear before the trial Court in compliance of order dated 09.10.2023.
Learned counsel for the applicant-petitioner as well as learned State
counsel have expressed that they have no objection in case the main case
itself is taken up for hearing today which is otherwise fixed for 24.07.2024.
In view of the aforestated submission, the main case is preponed from
24.7.2024 and is taken on Board today itself.
CRM-M-50794-2023 (O&M)
1. By way of filing the instant petition, the petitioner assails order dated
03.07.2023 passed by learned additional sessions judge, SBS Nagar,
integrity of this order/judgment
CRM-M-50794-2023 (O&M) (2) 2024:PHHC:049921
(Annexure P-5) vide which the trial court had cancelled his bail and had
issued arrest warrants.
2. This Court vide order dated 09.10.2023 had granted interim protection to the
petitioner directing that no coercive steps be taken against the petitioner till
the next date, in case he appears and surrenders on 17.10.2023 and that he
would be admitted to interim bail. However, it appears that the petitioner did
not surrender on the date fixed and on the next date before this Court a
request was made to the Court for extention of time to surrender on the
ground that it was on account of some inadvertent error that he could not
surrender earlier. This Court, accepting the said request passed the following
order on 15.12.2023:-
"Learned counsel for the petitioner submitted that the petitioner
could not surrender before the learned trial Court in pursuance of
order passed by this Court on 09.10.2023 because of inadvertent
mistake. He further submitted that he has clear instructions from
the petitioner to state that the petitioner will now surrender before
the learned trial Court within a period of one week from today.
Let the petitioner surrender before the learned trial Court
within a period of one week from today.
The other terms and conditions of the order dated
09.10.2023 passed by this Court shall remain the same.
Adjourned to 25.01.2024.
It is made clear that no further time will be granted to the
petitioner."
3. However, even despite order dated 15.12.2023, the petitioner did not chose
to appear and today another request for extension of time has been made.
Learned counsel for the petitioner, at this stage, has however, made a request
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.
integrity of this order/judgment
CRM-M-50794-2023 (O&M) (3) 2024:PHHC:049921
4. In view of the aforesaid request, the present petition is dismissed as
withdrawn with liberty aforesaid.
5. In case the petitioner surrenders before the trial Court within a period of 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."
6. The petition stands disposed off accordingly
15.04.2024 ( GURVINDER SINGH GILL )
mohan JUDGE
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
integrity of this order/judgment
