In the High Court of Punjab and Haryana at Chandigarh
......
Criminal Misc. No.M-33669 of 2008
.....
Date of decision:17.3.2009
Bachan Singh
.....Petitioner
v.
State of Punjab
.....Respondent
....
Present: Mr. V.K. Shukla and Mr. K.S. Sidhu, Advocates for the
petitioner.
Mr. P.S. Sidhu, Additional Advocate General, Punjab
for the respondent-State.
.....
S.S. Saron, J.
Heard learned counsel for the parties.
The petitioner seeks regular bail in a case registered against
him for the offences under Sections 420 and 120-B IPC.
The allegations against the petitioner are that he committed
fraud of Rs.1,10,000/- with the complainant. The petitioner was declared as
proclaimed offender on 8.4.2000. He was thereafter arrested on 4.7.2008.
On his arrest, a supplementary charge-sheet (challan) was filed on
21.7.2008. The petitioner is in custody since 4.7.2008.
Learned counsel for the petitioner has submitted that the
petitioner was never sent-up for trial and neither was he asked to appear
before the Court. Besides, he was not aware whether he was wanted as an
accused in the present case.
In response, learned counsel for the State has submitted that
Cr. Misc. No.M-33669/2008
[2]
keeping in view the fact that the petitioner was declared as a proclaimed
offender on 8.4.2000 and he could not be arrested for eight years till
4.7.2008, he is not entitled to the concession of bail.
After giving my thoughtful consideration to the matter, it may
be noticed that the case against the petitioner is triable by a Magistrate. The
petitioner is in custody since 4.7.2008 and the trial in the case is likely to
take time. The supplementary challan has been filed against the petitioner
on 21.7.2008. The petitioner owns seven acres of land in Village Raunta,
Police Station Nihalsinghwala, District Moga.
In the circumstances, the ends of justice would be met if the
petitioner is granted the concession of bail on his furnishing heavy surety to
the satisfaction of the trial Magistrate.
Accordingly, the criminal miscellaneous petition is allowed and
the petitioner on his furnishing personal bond and heavy surety to the
satisfaction of the learned trial Magistrate shall be admitted to bail.
March 17, 2009. (S.S. Saron)
Judge
*hsp*