Gurdev Singh vs State Of Punjab
2024 Latest Caselaw 8098 P&H

Punjab-Haryana High Court

Gurdev Singh vs State Of Punjab on 18 April, 2024

Author: Gurvinder Singh Gill

Bench: Gurvinder Singh Gill

JYOTI THAKUR
2024.04.18 17:28

127 2024:PHHC:051926

IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH

CRM-M-18506-2024
Date of Decision: 18.04.2024

Gurdev Singh
beseseee Petitioner
Versus
State of Punjab

seseeee Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

Present:- Mr. Navinder Jit Singh Dandiwal, Advocate for

for the petitioner.
3 3s 2K 3 2

GURVINDER SINGH GILL, J.(Oral)

The petitioner has approached this Court seeking quashing of order dated 20.12.2023 (Annexure P-2) passed by learned Additional Sessions Judge, Moga, whereby petitioner's bail stands cancelled and the bail bonds/surety bonds stand forfeited to the State in case FIR No.51 dated 21.05.2020 registered at Police Station Sadar Moga, District Moga, under Section 379 IPC and Section 21 of the Mines & Minerals (Regulation of Development) Act, 1957, 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

Kumar Vs. State of Haryana and another decided on 21.09.2021, which

reads as under:

| attest to the accuracy and integrity of this order/judgement

2024:PHHC: 051926

CRM-M-18506-2024

"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.

18.04.2024

Jyoti Thakur

JYOTI THAKUR

2024.04.18 17:28

| attest to the accuracy and integrity of this order/judgement

(GURVINDER SINGH GILL) JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No