Criminal Misc. No.M-31870 of 2009 -1-
****
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No.M-31870 of 2009
Date of decision : 12.11.2009
Harbhajan Singh ....Petitioner
Versus
State of Punjab and another ....Respondents
****
CORAM : HON'BLE MR. JUSTICE S. D. ANAND
Present: Mr. P.S.Ahluwalia, Advocate for the petitioner.
S. D. ANAND, J.
The petitioner did not appear to face trial in case FIR No.254
dated 10.8.1997 under Sections 427, 447, 506, IPC and 25/54/59 of the
Arms Act and was declared a proclaimed offender. The trial proceeded
against co-accused of the petitioner (with the exception of one Jaswant
Singh) who were acquitted vide judgment dated 7.4.2005. The petitioner
has applied for the quashment of the FIR. The learned counsel states that
for the moment, the plea insisted upon is for the release on bail of the
petitioner.
In support of the plea for his release on bail, inspite of having
been declared a proclaimed offender, reliance is placed upon a number of
judgments rendered by the Coordinate Benches of this Court, details
whereof are as under:-
1. Criminal Misc. No.7662-M of 2003 (Lakhbir Singh Vs. State
of Punjab) decided on 24.3.3003.
2. Criminal Misc. No. 8196-M of 2004 (Tanu Preet Kaur Vs.
State of Punjab and another) decided on 19.12.2005.
Criminal Misc. No.M-31870 of 2009 -2-
****
3. Criminal Misc. No. 29139-M of 2006 (Satinder Singh alias
Mithi Vs. State of Punjab ) decided on 26.10.2006.
4. Criminal Misc. No. 1420-M of 2007 (Ranjit Singh Vs. State
of Punjab ) decided on 17.5.2007.
5. Criminal Misc. No. 28203-M of 2004 (Kuldip Kaur @
Joginder Kaur Vs. State of Punjab ) decided on 3.4.2006.
6. Criminal Misc. No. 49339-M of 2007 (Paramjit Singh Vs.
State of Punjab ) decided on 8.1.2008.
7. Criminal Misc. No. 1488-M of 2008 (Geeta Duggal. State of
Punjab ) decided on 21.1.2008.
It is apparent from perusal of Annexures P/5 to P/11 that there
is a noticeable sense of commonality between the facts of the present case
and facts involved in those cases.
Notice of motion.
Mr. Abhishke Chautala, Assistant Advocate General, Punjab
accepts notice on behalf of respondents.
In the above noticed circumstances of the case, it is ordered
that on entering appearance before the learned Trial Court, the petitioner
shall be released on bail to the satisfaction of the learned Trial Court.
Disposed of accordingly.
November 12, 2009 (S. D. ANAND) Pka JUDGE