Sukhraj Singh vs State Of Punjab
2024 Latest Caselaw 7813 P&H

Punjab-Haryana High Court

Sukhraj Singh vs State Of Punjab on 15 April, 2024

Author: Gurvinder Singh Gill

Bench: Gurvinder Singh Gill

                                                                               2024:PHHC:049744

                               IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                              CHANDIGARH



                                                       CRM-M-17852-2024 (O&M)
                                                       Date of Decision: 15.04.2024

                      Sukhraj Singh                                               ...Petitioner

                                                       Versus

                      State of Punjab                                             ...Respondent


                      CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

                      Present:      Mr. Balbir Singh Jaswal, Advocate, for the petitioner.


                      GURVINDER SINGH GILL, J. (Oral)

The petitioner has approached this Court seeking quashing

of order dated 16.11.2023 (Annexure P-7) passed by learned Judicial

Magistrate Ist Class, Amritsar, whereby petitioner's bail stands cancelled

and the bail bonds/surety bonds stand forfeited to the State in case FIR

No.149 dated 07.06.2020 registered at Police Station Civil Lines,

Amritsar, under Sections 379, 411, 419 IPC on account of his absence.

Having heard learned counsel for the petitioner, the instant

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

CRM-M-17852-2024 (O&M) -2-

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