Kedarnath @ Sagar Mama v. State Of Haryana

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-38743-2022 (O&M) Date of Decision:-20.9.2022 Kedarnath @ Sagar Sharma ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Punit Malik, Advocate for the petitioner. Mr. Arun Beniwal, DAG, Haryana.

***** GURVINDER SINGH GILL, J.(Oral) The instant petition has been filed seeking grant of anticipatory bail as the petitioner apprehend his arrest consequent upon his bail having been cancelled by the Trial Court on account of his absence on 1.11.2019. The aforestated position, wherein the petitioner has jumped bail, does not warrant grant of anticipatory bail in view 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.

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 PANKAJ KAKKAR 2022.09.20 17:57 I attest to the accuracy and authenticity of this document

( 2 ) CRM-M-38743-2022 (O&M) in view of observations made in concluding paragraph of judgment passed by this Court in Pawan Kumar's case (supra), 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." Since the learned counsel for the petitioner submits that the matter has been compromised amongst the parties and the entire amount stands paid, needless to mention, the Trial Court upon being satisfied about the compromise, shall duly take the said fact into account while deciding the bail application.

The petition stands disposed off accordingly. 20.9.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2022.09.20 17:57 I attest to the accuracy and authenticity of this document