Charanjit Singh vs State Of Punjab
2024 Latest Caselaw 7809 P&H

Punjab-Haryana High Court

Charanjit Singh vs State Of Punjab on 15 April, 2024

Author: Gurvinder Singh Gill

Bench: Gurvinder Singh Gill

                                                                              2024:PHHC:049950

                               IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                              CHANDIGARH

                                                             CRM-M-18154-2024
                                                             Date of Decision: 15.04.2024


                      Charanjit Singh                                           ...Petitioner

                                                      Versus

                      State of Punjab                                           ...Respondent


                      CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

                      Present:      Mr. Anmol Jindal, Advocate, & Mr. Yaseen Sethi, Advocate,
                                    for the petitioner.

                      GURVINDER SINGH GILL, J. (Oral)

The petitioner has approached this Court seeking quashing

of orders dated 21.12.2023 (Annexure P-1) and 19.01.2024 (Annexure P-

2) passed by learned Judicial Magistrate Ist Class, Jalandhar, whereby

non bailable warrants have been issued against the petitioner and his bail

bonds/surety bonds stand forfeited to the State in case FIR No.69 dated

26.06.2020 registered at Police Station Patra, Jalandhar, under Sections

447, 504, 506, 511 IPC on account of his absence.

Having heard learned counsel for the petitioner, the instant

petition is disposed of with a direction 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 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."

The petition stands disposed of accordingly.

                      15.04.2024                                  (GURVINDER SINGH GILL)
                      Vimal                                               JUDGE

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