Punjab-Haryana High Court
Harminder Singh vs State Of Punjab on 5 January, 2012
Author: Ram Chand Gupta
Bench: Ram Chand Gupta
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc. No. M- 38188 of 2011(O&M)
Date of Decision: January 5, 2012.
Harminder Singh.
...... PETITIONER(s)
Versus
State of Punjab.
...... RESPONDENT (s)
CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr. Ramneek Vasudeva,
Advocate, for the petitioner.
Mr. A.S.Jattana, Addl.A.G., Punjab.
Mr. G.S.Kaura,
Advocate, for the complainant.
*****
RAM CHAND GUPTA, J.(Oral)
The present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR No.7 dated 25.01.2010 under Sections 302/120-B/34 IPC, registered at police station City Ropar, District Ropar.
I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned CRM No.M-38188 of 2011 2 Additional Sessions Judge, Ropar dismissing anticipatory bail application filed by the petitioner.
Briefly stated, present petitioner-accused was declared proclaimed offender in this case vide order dated 22.11.2010. The said order has not been challenged by the petitioner by filing appropriate petition. In this petition for anticipatory bail, learned counsel for the petitioner argued that the order declaring him Proclaimed Offender is not legal one.
Bail application has been vehemently opposed by learned counsel for the respondent-State as well as learned counsel for the complainant on the plea that the order declaring the petitioner Proclaimed Offender cannot be challenged in this petition for anticipatory bail. It is further contended that petitioner being proclaimed offender is not entitled for relief of anticipatory bail and he has been avoiding his arrest in this case and hence, challan against him could not be filed whereas challan has been filed against other accused, who are facing trial.
Hence, in view of these facts, it is not such a case in which extra- ordinary relief of anticipatory bail should be granted to the petitioner- accused.
Hence, without expressing any opinion on the merits of the case, the instant application for anticipatory bail filed by Harminder Singh is, hereby, dismissed being devoid of merit.
( RAM CHAND GUPTA ) January 5, 2012. JUDGE 'om' CRM No.M-38188 of 2011 3