Disposed

Raj Kumar v. State of Haryana

Punjab & Haryana HC20 Sept 2024CRM-M/47114/2024

Case brief

AI extract

What is this about?

High Court directed the Trial Court to consider the petitioner's bail application expeditiously if he surrenders within 10 days, citing a Supreme Court judgment on lenient treatment for genuine absence and first-time defaults. The petition was disposed of with these directions.

What did the court decide?

Directs the Trial Court to consider regular bail application expeditiously if petitioner surrenders within 10 days, applying guidelines from CRM-M-39172 of 2021.

Raj Kumar Vs State of Haryana — Civil Procedure and Limitation | 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-47114-2024 (O&M) Date of Decision:-20.9.2024

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Raj Kumar … Petitioner

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Versus

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State of Haryana ... Respondent

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CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

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Present:Mr. Arun Dhingra, Advocate and Mr. Mohit Jisuja, 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 16.1.2024 (Annexure P-3) passed by learned District & Sessions Judge, Mewat, whereby his bail has been cancelled by the Trial Court on account of his absence on 16.1.2024.

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This impugned order dated 16.1.2024 (Annexure P-3), 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 17:35 I attest to the accuracy and authenticity of this document

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CRM-M-47114-2024 (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 ascertain 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

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Pankaj Kakkar 2024.09.20 17:35 I attest to the accuracy and authenticity of this document

Raj Kumar v. State of Haryana

Case brief

What is this about?

What did the court decide?

Raj Kumar v. State of Haryana

Case brief

What is this about?

What did the court decide?

What the court decided

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