Vikas Girdhar v. State of Punjab

GURVINDER SINGH GILL CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL CORAM: Present: Verma, Advocate, for the petitioner. Mr. Gaurav Verma, Advocate, for the petitioner. GURVINDER SINGH GILL, J. (Oral) GURVINDER SINGH GILL, J. The petitioner has approached this Court challenging order dated 1. The petitioner has approached this Court challenging order dated The petitioner has approached this Court challenging order dated The petitioner has approached this Court challenging order dated

05.08.2024 (Annexure P-3) passed by learned 05.08.2024 Judicial Magistrate Ist ) passed by learned Judicial Magistrate Ist Class, Mohali, whereby his bail has been Class, Mohali cancelled on account of his , whereby his bail has been cancelled on account of his absence.

2. This impugned order dated This impugned order dated 05.08.2024 ) having been 05.08.2024 (Annexure P-3) having been passed by the Court on account of violation of conditions of the bail passed by the Court on account of violation of conditions of the bail passed by the Court on account of violation of conditions of the bail passed by the Court on account of violation of conditions of the bail this Court does not wish to comment upon the same. bonds/surety bonds, this Court does not wish to comment upon the same. bonds/surety bonds It is, however, directed that in case the petitioner surrenders before the 3. It is, however, directed that in case the petitioner surrenders before the It is, however, directed that in case the petitioner surrenders before the It is, however, directed that in case the petitioner surrenders before the rial Court within 10 days from today and moves an application for grant trial Court within 10 days from today and moves an application for grant rial Court within 10 days from today and moves an application for grant rial Court within 10 days from today and moves an application for grant rial Court shall consider the same expeditiously while of regular bail, the trial Court shall consider the same expeditiously while rial Court shall consider the same expeditiously while of regular bail, the tions made in concluding paragraph of taking into account the observations made in concluding paragraph of tions made in concluding paragraph of taking into account the observa judgment passed by this Court in CRM- judgment passed by this Court in Pawan -M-39172 of 2021 titled Pawan

9.2021, which Kumar Vs. State of Haryana and another decided on 21.09.2021, which Kumar Vs. State of Haryana and another Kumar Vs. State of Haryana and another as under: reads as under: VIMAL KUMAR 2024.08.23 16:24 I attest to the accuracy and integrity of this document CRM-M-40888 40888-2024 2 Before parting with this order, it needs to be added that this “12. Before parting with this order, it needs to be added that this Before parting with this order, it needs to be added that this “12. Court cannot lose sight of the fact that there would be Court cannot lose sight of the fact that there would be Court cannot lose sight of the fact that there would be certain cases where an accused is unable to appear before certain cases where an accused is unable to appear before certain cases where an accused is unable to appear before the trial Court on account of genuine reasons, say on account the trial Court on account of genuine reasons, say on account the trial Court on account of genuine reasons, say on account he date incorrectly or on account of certain of having noted the date incorrectly or on account of certain he date incorrectly or on account of certain reasons which are beyond his control. In such cases, the reasons which are beyond his control. In such cases, the reasons which are beyond his control. In such cases, the accused can surrender before the trial Court and it is accused can surrender before the trial Court and it is accused can surrender before the trial Court and it is expected that the trial Courts would take a lenient view in expected that the trial Courts would take a lenient view in expected that the trial Courts would take a lenient view in il application genuine cases and decide the regular bail application genuine cases and decide the regular ba expeditiously. In a given set of circumstances where the trial expeditiously. In a given set of circumstances where the trial expeditiously. In a given set of circumstances where the trial Court is satisfied that there were valid reasons for the Court is satisfied that there were valid reasons for the Court is satisfied that there were valid reasons for the absence of an accused and that he has surrendered at the absence of an accused and that he has surrendered at the absence of an accused and that he has surrendered at the shortest possible time, the trial Court can in fact dispose of shortest possible time, the trial Court can in fact dispose of shortest possible time, the trial Court can in fact dispose of he regular bail application on the very day the same is the regular bail application on the very day the same is he regular bail application on the very day the same is presented by accused upon his surrender. The trial Court, in presented by accused upon his surrender. The trial Court, in presented by accused upon his surrender. The trial Court, in its discretion, may also chose to grant interim bail, in fit its discretion, may also chose to grant interim bail, in fit its discretion, may also chose to grant interim bail, in fit cases, but only after surrender of accused.” cases, but only after surrender of accused.”

4. The petition stands disposed off accordingly. The petition stands disposed off accordingly.

23.08.2024 23.08.2024 Vimal GURVINDER SINGH GILL) (GURVINDER SINGH GILL JUDGE Whether speaking/reasoned: Yes/No Whether speaking/reasoned: Yes/No Whether reportable: VIMAL KUMAR 2024.08.23 16:24 I attest to the accuracy and integrity of this document