Punjab-Haryana High Court
Beant Singh vs State Of Punjab on 14 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-39586-2024 (O&M)
Date of Decision:-14.08.2024
Beant Singh ... Petitioner
Versus
State of Punjab ... Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Mr. Pankaj Garg, Advocate, for the petitioner.
*****
GURVINDER SINGH GILL, J.(Oral)
1. The petitioner has approached this Court challenging order dated 16.5.2024
(Annexure P-1) passed by learned Appellate Court, Sangrur, whereby his bail
has been cancelled on account of his absence on 16.05.2024.
2. Learned counsel for the petitioner submitted that the petitioner has regularly
been appearing before the Appellate Court where his appeal i.e. CRA-528-
2019 is pending and that his absence, if any, was only during the period of
Punjab and Haryana High Court,
CRM-M-39586-2024 (O&M) (2)
Covid. Learned counsel submits that the next date now fixed before the
Appellate Court is in September, 2024 and that the petitioner is not only
willing to surrender before the Appellate Court on or before the next date of
hearing but shall also argue the matter.
3. In view of the aforestated position wherein the petitioner has submitted that
he has been regularly appearing before the Appellate Court and has also
expressed his willingness to surrender before the Appellate Court and to
argue the matter, the instant petition is disposed of with liberty to the
petitioner to surrender before the trial court where the appeal is pending and
to move a fresh application for suspension of sentence. In case, the
petitioner surrenders before the Appellate Court within 15 days from today
and moves an application, the Appellate Court shall consider the same
sympathically while having due regard to the contention of the petitioner that
he has been appearing regularly on the earlier dates and is also willing to
argue the matter and 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
21.9.2021, 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
Punjab and Haryana High Court,
CRM-M-39586-2024 (O&M) (3)
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.
14.08.2024 ( GURVINDER SINGH GILL )
mohan JUDGE
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
Punjab and Haryana High Court,
