Gulzar Singh Alias Mau vs State Of Punjab
2024 Latest Caselaw 17894 P&H

Punjab-Haryana High Court

Gulzar Singh Alias Mau vs State Of Punjab on 25 September, 2024

Author: Gurvinder Singh Gill

Bench: Gurvinder Singh Gill

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

                                                                     CRM-M-47989-2024 (O&M)
                                                                     Date of Decision:-25.9.2024


                Gulzar Singh @ Mau                                                   ... Petitioner

                                                     Versus

                State of Punjab                                                     ... Respondent


                CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL


                Present:-          Mr. Aditya Anand, Advocate for the petitioner.

                                                     *****

                GURVINDER SINGH GILL, J.(Oral)

1. The petitioner has approached this Court challenging order dated 18.7.2024

(Annexure P-3) passed by learned Judge Special Court, Kapurthala, whereby

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

18.7.2024.

2. This impugned order dated 18.7.2024 (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

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

CRM-M-47989-2024 (O&M) (2)

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. While deciding the application, the trial Court shall duly take into account

the past conduct as regards the regular presence of the accused and as to

ascertain whether he is habitual absentee or not and in case it is first instance

of default, the trial Court would certainly be expected to take a lenient view.

5. The petition stands disposed off accordingly.

                25.9.2024                                                        ( Gurvinder Singh Gill )
                Geeta/P                                                                  Judge


                                  Whether speaking /reasoned          Yes / No

                                  Whether Reportable                  Yes / No