Harjohn Singh Alias Johny vs State Of Punjab
2024 Latest Caselaw 20260 P&H

Punjab-Haryana High Court

Harjohn Singh Alias Johny vs State Of Punjab on 14 November, 2024

Author: Gurvinder Singh Gill

Bench: Gurvinder Singh Gill

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

                                                                    CRM-M-56814-2024 (O&M)
                                                                    Date of Decision:-14.11.2024

                Harjohn Singh @ Johny                                              ... Petitioner
                                                     Versus
                State of Punjab                                                   ... Respondent


                CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL


                Present:-          Mr. Amandeep Singh Manaise, Advocate, for the petitioner.

                                                     *****

                GURVINDER SINGH GILL, J.(Oral)

1. The petitioner has approached this Court challenging order dated 18.9.2024

(Annexure P-4) passed by learned Sessins Judge, Gurdaspur, whereby his

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

18.9.2024.

2. This impugned order dated 18.9.2024 (Annexure P-4), having been passed

by the Court on account of violation of conditions of the bail bonds/surety

bonds this Court does not wish to comment upon the same.

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

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:

CRM-M-56814-2024 (O&M) (2)

"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 petitioner would be at liberty to produce the medical record in respect of

his wife who, according to the petitioner, was having some post surgery

complications. Needless to mention, the Trial Court shall consider the

medical record while deciding the application and in case it is apparent that

the petitioner was prevented from appearing on account of some genuine

reason, it shall be open to the Trial Court to grant bail on the day the

application is presented.

5. The petition stands disposed off accordingly.

                14.11.2024                                                       ( Gurvinder Singh Gill )
                Pankaj                                                                   Judge
                                  Whether speaking /reasoned          Yes / No
                                  Whether Reportable                  Yes / No