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[Cites 8, Cited by 1]

Punjab-Haryana High Court

Jagdeep Singh @ Deep vs State Of Punjab on 9 December, 2013

Author: Amol Rattan Singh

Bench: Amol Rattan Singh

           CRM-M No.41047 2013                                        -:1:-

                        IN THE HIGH COURT OF PUNJAB AND HARYANA
                                     AT CHANDIGARH


                                                  CRM-M No.41047 of 2013.
                                                  Date of decision : December 09, 2013.


           Jagdeep Singh @ Deep
                                                                                  ...... Petitioner


                                                  Versus


           State of Punjab
                                                                                 ...... Respondent



           CORAM : HON'BLE MR.JUSTICE AMOL RATTAN SINGH
                                ***

           Present :           Mr. Davinder Bir Singh, Advocate,
                               for the petitioner.

                                                  ***

           AMOL RATTAN SINGH, J. (Oral)

Learned counsel for the petitioner submits that the petitioner is now willing to face trial, after two of his co-accused have been acquitted while two have been convicted.

As per learned counsel for the petitioner, the petitioners' role is similar, or lesser, than that of the persons who have been acquitted.

However, in view of the fact that the petitioner was declared a proclaimed offender, he seeks protection at the time when he surrenders to the trial Court.

Learned counsel has further argued that the offences for which the petitioner was charged, i.e. Sections 307, 341, 323, 506, 148, 149 IPC Sorot Gaurav 2013.12.13 11:19 I attest to the accuracy and integrity of this document CRM-M No.41047 2013 -:2:- are not provisions which are specified in Section 82 of the Code of Criminal Procedure, so as to declare the petitioner to be a proclaimed offender.

The fact of the matter, however, is that the petitioner did abscond from the trial at the stage after, as submitted by the learned counsel for the petitioner, his statement under Section 313 Cr.P.C. was recorded.

As such, whether or not he should have been declared to be a proclaimed offender or proclaimed person, would be something which the trial Court would go into, however, in case the petitioner surrenders before the trial Court to face trial, his application for bail shall be decided expeditiously, on merits.

Petition stands disposed of.




                                                              ( AMOL RATTAN SINGH )
           December 09, 2013                                         JUDGE
           Gaurav Sorot




Sorot Gaurav
2013.12.13 11:19
I attest to the accuracy and
integrity of this document