Ravi Kumar vs State Of Punjab
2024 Latest Caselaw 502 P&H

Punjab-Haryana High Court

Ravi Kumar vs State Of Punjab on 10 January, 2024

Author: Gurvinder Singh Gill

Bench: Gurvinder Singh Gill

VIMAL KUMAR
2024.01.10 17:57

2024: PHHC:002422

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

CRM-M-990-2024 (O&M)
Date of Decision: 10.01.2024

Ravi Kumar ...Petitioner
Versus

State of Punjab ...Respondent

CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

Present: Mr. Siddharth Gupta, Advocate, for the petitioner.

GURVINDER SINGH GILL, J. (Oral)

The petitioner has approached this Court seeking quashing of order dated 22.11.2023 (Annexure P-5) passed by learned Additional Sessions Judge, Bathinda, whereby petitioner's bail stands cancelled on account of his non appearance in case FIR No.0079 dated 25.05.2020 registered at Police Station Nehianwala, District Bathinda, under Sections 302, 452, 148, 149 IPC.

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:

"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

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CRM-M-990-2024 (O&M) -2-

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."

Needless to mention, the trial Court shall pass a speaking

order after taking note of all such facts and circumstances, as may be

relevant and as are shown on behalf of the petitioner as well as the case

law as may be cited by the petitioner's counsel.

10.01.2024

Vimal

VIMAL KUMAR

2024.01.10 17:57

| attest to the accuracy and authenticity of this document

The petition stands disposed of accordingly.

(GURVINDER SINGH GILL) JUDGE

Whether speaking/reasoned: Yes/No Whether reportable: Yes/No