Sukhdev Singh vs State Of Punjab
2024 Latest Caselaw 245 P&H

Punjab-Haryana High Court

Sukhdev Singh vs State Of Punjab on 8 January, 2024

Author: Gurvinder Singh Gill

Bench: Gurvinder Singh Gill

                                                                                2024:PHHC:000888

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

                                                                    CRM-M-575-2024 (O&M)
                                                                    Date of Decision:-8.1.2024


                Sukhdev Singh                                                       ... Petitioner

                                                     Versus

                State of Punjab                                                     ... Respondent



                CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL



                Present:-          Mr. Kanwal Goyal, Advocate for the petitioner.

                                                     *****

                GURVINDER SINGH GILL, J.(Oral)

1. The instant petition has been filed seeking grant of anticipatory bail as the

petitioner apprehends his arrest consequent upon his bail having been

cancelled by the Trial Court on account of his absence on 24.8.2022.

2. The aforestated position, wherein the petitioner has jumped bail, does not

warrant grant of anticipatory bail in view 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.

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 in view of

observations made in concluding paragraph of judgment passed by this Court

in Pawan Kumar's case (supra), which reads as under:

CRM-M-575-2024 (O&M) (2) 2024:PHHC:000888

"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. Needless to mention, while disposing of the petition, the Trial Court shall

consider all the relevant facts including the nature of the offence and the

antecedents of the petitioner.

5. The instant petition stands disposed off accordingly.

                8.1.2024                                                           ( Gurvinder Singh Gill )
                pankaj                                                                     Judge


                                     Whether speaking /reasoned         Yes / No

                                     Whether Reportable                 Yes / No