Buta Singh Alias Boota Singh Alias Kala vs State Of Punjab
2024 Latest Caselaw 17430 P&H

Punjab-Haryana High Court

Buta Singh Alias Boota Singh Alias Kala vs State Of Punjab on 19 September, 2024

Author: Gurvinder Singh Gill

Bench: Gurvinder Singh Gill

                                                           1
                      CRM-M-46769
                             6769-2024




                               IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                              CHANDIGARH

                                                       CRM-M--46769-2024

                                                       Date of Decision: 19.09.2024

                      Buta Singh @ Boota Singh @ Kala                            ...Petitioner

                                                       Versus

                      State of Punjab                                            ...Respondent


                      CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

                      Present:      Mr. Gurmeet Singh Saini, Advocate,
                                    for the petitioner.

                      GURVINDER SINGH GILL, J. (Oral)

1. The petitioner has approached this Court challenging order dated

13.08.2024 (Annexure P-6)) passed by learned Judge, Special Court,

Ferozepur, whereby his bail has been cancelled on account of his absence

in case FIR No.0101 No.0101 dated 09.12.2022 registered at Police Station

Talwandi Bhai, District Ferozepur, under Section 21 of the NDPS Act.

2. This impugned order dated 13.08.2024 (Annexure P-6)) having been

passed by the Court on account of violation of conditions of the bail

bonds/surety bonds, 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 rial Court within 10 days from today today and moves an application for grant

of regular bail, the trial rial 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

CRM-M-46769 6769-2024

Kumar Vs. State of Haryana and another decided on 21.09.2021, 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 be before fore 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 he 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, iin n fit cases, but only after surrender of accused."

4. Petition stands disposed off accordingly.

                      19.09.2024
                           .2024                                (GURVINDER
                                                                 GURVINDER SINGH GILL
                                                                                 GILL)
                      Vimal                                             JUDGE

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