Rajat Kumar Alias Shaffy v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-28187-2022 (O&M) Date of Decision:-6.7.2022 Rajat Kumar @ Shaffy ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Achin Gupta, Advocate for the petitioner. ***** GURVINDER SINGH GILL, J.(Oral) After arguing at length, learned counsel for the petitioner submits that the petitioner may be permitted to withdraw the present petition with liberty to surrender before the trial Court and to apply for grant of regular bail particularly in view of the fact that his absence was on account of some mistaken belief since the matter stood compromised. In view of the aforesaid request, the present petition is dismissed as withdrawn with liberty aforesaid.

However, in case the petitioner surrenders before the trial Court within a period of 10 days from today and applies for grant of regular bail, the learned trial Court shall endeavour to dispose of the same expeditiously in view of 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 as under: PANKAJ KAKKAR 2022.07.06 18:36 I attest to the authenticity and integrity of this document

( 2 ) CRM-M-28187-2022 (O&M) "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."

6.7.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2022.07.06 18:36 I attest to the authenticity and integrity of this document