Charanjit Singh v. State Of Punjab

2024:PHHC:049950

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-18154-2024 Date of Decision: 15.04.2024 Charanjit Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

Present:

Mr. Anmol Jindal, Advocate, & Mr. Yaseen Sethi, Advocate, for the petitioner.

GURVINDER SINGH GILL, J. (Oral) The petitioner has approached this Court seeking quashing of orders dated 21.12.2023 (Annexure P-1) and 19.01.2024 (Annexure P2) passed by learned Judicial Magistrate Ist Class, Jalandhar, whereby non bailable warrants have been issued against the petitioner and his bail bonds/surety bonds stand forfeited to the State in case FIR No.69 dated 26.06.2020 registered at Police Station Patra, Jalandhar, under Sections 447, 504, 506, 511 IPC on account of his absence. Having heard learned counsel for the petitioner, the instant petition is disposed of with a direction 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-M39172 of 2021 titled Pawan Kumar Vs. State of Haryana and another VIMAL KUMAR 2024.04.15 19:02 I attest to the accuracy and integrity of this document

CRM-M-18154-2024 -2decided 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.

15.04.2024 (GURVINDER SINGH GILL) Vimal JUDGE Whether speaking/reasoned: Yes/No Whether reportable:

Yes/No VIMAL KUMAR 2024.04.15 19:02 I attest to the accuracy and integrity of this document