Disposed

Haneef Alias Haleef v. State of Punjab

Punjab & Haryana HC20 Sept 2024CRM-M/47068/2024

Case brief

AI extract

What is this about?

Bail of the petitioner had been cancelled by the trial court due to his absence on a court date. This Court declined to comment on the cancellation, directed the petitioner to surrender within ten days and seek regular bail, which the trial court should consider expeditiously with leniency if it was a first default.

What the court decided

AI extract

Haneef Alias Haleef Vs State of Punjab — Bail and Remand | Punjab & Haryana HC (2024)

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In the High Court for the States of Punjab and Haryana At Chandigarh

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CRM-M-47068-2024 (O&M) Date of Decision:-20.9.2024

Haneef @ Haleef

… Petitioner

Versus

State of Punjab ... Respondent

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CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

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Present:Mr. Satnam Singh, Advocate, for the petitioner.

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GURVINDER SINGH GILL, J .(Oral)

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The petitioner has approached this Court challenging order dated 5.3.2024 (Annexure P-4) passed by learned Addditional Sessins Judge, Jalandhar, whereby his bail has been cancelled by the Trial Court on account of his absence on 5.3.2024.

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This impugned order dated 5.3.2024 (Annexure P-4), 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.

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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

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Pankaj Kakkar 2024.09.20 17:28 I attest to the accuracy and authenticity of this document

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CRM-M-47068-2024 (O&M)

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( 2 )

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as under:

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“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.”

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While deciding the application, the trial Court shall duly take into account the past conduct as regards the regular presence of the accused and as to whether he is habitual absentee or not and in case it is first instance of default the trial Court would certainly be expected to take a lenient view.

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The petition stands disposed off accordingly.

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20.9.2024		( Gu	rvinder Singh Gill )
Pankaj			Judge
	Whether speaking /reasoned	Yes / No
	Whether Reportable	Yes / No

¶22

Pankaj Kakkar 2024.09.20 17:28 I attest to the accuracy and authenticity of this document

Haneef Alias Haleef v. State of Punjab

Case brief

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What the court decided

Haneef Alias Haleef v. State of Punjab

Case brief

What is this about?

What the court decided

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