High Court of Punjab and HaryanaCRM-M/35162/2022dismissed

Amar Singh v. State Of Punjab

2022-09-01Mr. Justice Gurvinder Singh Gill2 pages

In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-35162-2022 (O&M) Date of Decision:- 01.9.2022 Amar Singh ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. I.S.Kooner, Advocate, for the petitioner. ***** GURVINDER SINGH GILL, J . (Oral) The instant petition has been filed seeking quashing of order dated 14.9.2022 (Annexure P-24) as well as for quashing of orders dated 6.11.2019, 16.12.2019, 5.2.2021 and 31.3.2021. After arguing for some time and upon finding that this Court was not agreeing with the contentions made before this Court, learned counsel for the petitioner submits that he may be permitted to withdraw the present petition with liberty to surrender before the trial Court and to move an application for grant of regular bail.

In view of the aforesaid request, the present petition is dismissed as withdrawn with liberty aforesaid. MOHAN SINGH 2022.09.01 18:09 I attest to the accuracy and authenticity of this document

- 2 - CRM-M-35162-2022 (O&M) 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 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:

"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." 01.9.2022 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2022.09.