Punjab-Haryana High Court
Kuldeep Singh vs State Of Punjab on 19 April, 2024
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
Neutral Citation No:=2024:PHHC:052572
2024:PHHC:052572
[125] IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-19024-2024
Date of Decision : 19.04.2024
Kuldeep Singh ...Petitioner
versus
State of Punjab ....Respondent
Coram : HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present : Mr. Barjinder Singh, Advocate for the petitioner.
***
GURVINDER SINGH GILL, J. (ORAL)
[1] The petitioner assails order dated 07.03.2024 vide which
learned Additional Sessions Judge upon finding that the petitioner was absent
without intimation proceeded to cancel his bail bonds/surety bonds.
[2] Learned counsel for the petitioner submits that the absence of
the petitioner on 07.03.2024 was the first instance of default on his part and
that he had regularly been appearing before the trial Court on all the dates
ever since 02.11.2019 till date. Learned counsel has annexed as many as 82
zimni orders recorded by the trial Court indicating regular presence of the
petitioner before the trial Court.
[3] Having heard learned counsel for the petitioner, the instant
petition is disposed of directing the petitioner to surrender before the trial
Court and to move an appropriate application for grant of regular bail.
[4] Needless to mention, the trial Court while disposing of the
application shall duly take into account the observations made in concluding
paragraph of judgment passed by this Court in CRM-M-39172 of 2021 titled
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Neutral Citation No:=2024:PHHC:052572
2024:PHHC:052572
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."
[5] It also goes without saying that while disposing of the
application and while considering as to whether the matter is to be decided
on the same day itself, the trial Court shall take into account the previous
record of the petitioner as regards his appearance before the trial Court.
[6] The petition stands disposed of accordingly.
(GURVINDER SINGH GILL)
JUDGE
19.04.2024
'R. Sharma'
Whether speaking/ reasoned : Yes/No
Whether reportable : Yes/No
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