Vimal Kumar @ Raju @ Bimal Kumar v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-60284-2024 (O&M) Date of Decision:-3.12.2024 Vimal Kumar @ Raju @ Bimal Kumar ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Kartar Singh, Advocate, for the petitioner. ***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner has approached this Court challenging order dated 6.11.2024 (Annexure P-2) passed by learned Chief Judicial Magistrate, Mansa, whereby his bail has been cancelled by the Trial Court on account of his absence on 6.11.2024.

2.

This impugned order dated 6.11.2024 (Annexure P-2), having been passed by the Court on account of violation of conditions of the bail bonds/surety bonds this Court does not wish to comment upon the same. 3.

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 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 2024.12.03 17:46 I attest to the accuracy and authenticity of this document

CRM-M-60284-2024 (O&M) ( 2 ) "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."

4.

Since during the course of arguments, learned counsel for the petitioner submitted that the petitioner was prevented from appearing in the Courts at Mansa on account of the fact that he was required to appear in the Courts at Sardulgarh as well on the same day and infact he was actually present in the Courts at Sardulgarh, the Trial Court shall consider the said plea and also take into account the zimni orders as may have been passed by the Courts at Sardulgarh.

5.

The petition stands disposed off accordingly. 3.12.2024 ( Gurvinder Singh Gill ) Pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No Pankaj Kakkar 2024.12.03 17:46 I attest to the accuracy and authenticity of this document