High Court of Punjab and HaryanaCRM-M/9448/2024disposed of

Ravi @ Ravi Kumar v. State Of Haryana

2024-02-26Mr. Justice Gurvinder Singh Gill2 pages

2024:PHHC:026102

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-9448-2024 (O&M) Date of Decision: 26.02.2024 Ravi @ Ravi Kumar

...Petitioner

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

Present:

Mr. Bikram Chaudhary, Advocate, for the petitioner. GURVINDER SINGH GILL, J. (Oral) The petitioner has approached this Court challenging order dated 14.02.2024 (Annexure P-7) passed by learned Additional Sessions Judge, Gurugram, whereby his bail has been cancelled upon noticing that the petitioner fled away from the Court on the date fixed. Having heard learned counsel for the petitioner, this Court does not find any illegality in impugned order dated 14.02.2024 (Annexure P-7), which was passed by the Court upon noticing that the petitioner fled away from the Court during the course of recording of examination-in-chief of one of the witnesses on the date fixed, which would be in violation of conditions of the bail bonds/surety bonds. The order, as such, is upheld.

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 VIMAL KUMAR 2024.02.26 18:08 I attest to the accuracy and integrity of this document

CRM-M-9448-2024 (O&M) -2concluding paragraph of judgment passed by this Court in CRM-M39172 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 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."

The petition stands disposed of accordingly.

26.02.2024 (GURVINDER SINGH GILL) Vimal JUDGE Whether speaking/reasoned: Yes/No Whether reportable:

Yes/No VIMAL KUMAR 2024.02.26 18:08 I attest to the accuracy and integrity of this document