Vishal Kumar Alias Shalu vs State Of Punjab
2024 Latest Caselaw 13576 P&H

Punjab-Haryana High Court

Vishal Kumar Alias Shalu vs State Of Punjab on 5 August, 2024

Author: Gurvinder Singh Gill

Bench: Gurvinder Singh Gill

                                In The High Court for the States of Punjab and Haryana
                                              At Chandigarh


                                                                  CRM-M-37229-2024 (O&M)
                                                                  Date of Decision:- 5.8.2024


                Vishal Kumar @ Shalu                                               ... Petitioner

                                                     Versus

                State of Punjab                                                    ... Respondent


                CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL


                Present:-          Mr. Raghav Soni, Advocate for the petitioner.

                                   Mr. Siddharth Attri, AAG, Punjab.

                                   *****

                GURVINDER SINGH GILL, J. (Oral)

1. The petitioner has approached this Court challenging order dated 12.1.2024

(Annexure P-4) passed by learned Additional Sessions Judge, Amritsar,

whereby his bail has been cancelled by the Trial Court on account of his

absence on 12.1.2024.

2. This Court does not find any illegality in impugned order dated 12.1.2024

(Annexure P-4), which was passed by the Court upon absence of

accused/petitioner on the date fixed, which would be in violation of

conditions of the bail bonds/surety bonds. The order, as such, is upheld.

3. It is, however, directed 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

CRM-M-37229-2024 (O&M) -2-

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."

4. The petition stands disposed off accordingly.

                5.8.2024                                                          ( Gurvinder Singh Gill )
                Pankaj                                                                   Judge
                                    Whether speaking /reasoned         Yes / No

                                    Whether Reportable                 Yes / No