Ajay Masih vs State Of Punjab
2024 Latest Caselaw 20885 P&H

Punjab-Haryana High Court

Ajay Masih vs State Of Punjab on 25 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-58430-2024 (O&M)
                                                                      Date of Decision:-25.11.2024


                   Ajay Masih                                                   ... Petitioner

                                                       Versus

                   State of Punjab                                               ... Respondent

                   CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

                   Present:-        Mr. Gursharan Singh, Advocate, for the petitioner.

                                                       *****

                   GURVINDER SINGH GILL, J.(Oral)

1. The petitioner has approached this Court challenging order dated 26.07.2024

(Annexure P-3) passed by learned Sessions Judge, Jhajjar, whereby his bail

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

26.07.2024.

2. This impugned order dated 26.07.2024 (Annexure P-3), 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

Punjab and Haryana High Court,

CRM-M-58430-2024 (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.

                   25.11.2024                                 ( GURVINDER SINGH GILL )
                   mohan                                              JUDGE


                                 Whether speaking /reasoned         Yes / No

                                 Whether Reportable                 Yes / No








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