Crl Misc No. M 28930 OF 2009 (O&M).
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Sakir vs State of Haryana and another
Present : Ms. Manisha Lamba, Advocate
for the petitioner.
Mr. Ajay Singh Ghanghas, Addl. A.G Haryana
for respondent No.1.
Mr. Sarfraz Hussain, Advocate
for respondent No.2.
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This is a petition for regular bail in criminal complaint No.282,
dated 8.6.2005, titled as `Smt. Farida vs Sakir and another’, under Sections
323/406/506/34 of the IPC.
Admittedly, the petitioner was earlier granted bail but because
of his absence on a few dates, he was declared proclaimed offender. After
eight months, he was arrested and has now been incarcerated since 4.8.2009
and is facing trial.
Counsel for the petitioner has argued that for his lapse in not
appearing before the trial Court, the petitioner has suffered adequate
punishment and that in case he is now released on bail, he would appear on
each and every date and face the trial.
Counsel for the complainant-respondent No.2, however, states
that in fact all the other co-accused are proclaimed offenders. He has
further argued that even though maintenance has been awarded to the
complainant under Section 125 of the Cr.P.C, yet not a penny has been paid
to her.
In my opinion, it would be in the interest of justice, if the
petitioner is granted the concession of bail subject to his clearing the entire
Crl.Misc No. M 28930 of 2009 :2:
arrears of maintenance due to the complainant, under Section 125 of the
Cr.P.C, within fifteen days from today. Ordered accordingly.
Bail to the satisfaction of CJM/trial Court Nuh.
( AJAY TEWARI ) December 18, 2009. JUDGE `kk'