Hakam Singh vs Manmohan Singh on 17 February, 2009

 CRM No. M-4557 of 2009                          1




    IN THE HIGH COURT FOR THE STATES OF PUNJAB &
              HARYANA AT CHANDIGARH.

                               CRM No. M-4557 of 2009 (O&M)
                               Date of decision: 17.02.2009

Hakam Singh                                          ...Petitioner

                               Versus

Manmohan Singh                                       ...Respondent


CORAM:      HON'BLE MR. JUSTICE RAJAN GUPTA

Present:    Mr. J.S. Bedi, Advocate, for the petitioner.

Rajan Gupta, J.

Learned counsel for the petitioner submits that the

petitioner never intended to evade the trial and his absence therefrom

was totally unintentional. He further submits that the petitioner returned

to India on 11th January, 2009 when he came to know about the

proclamation order passed against him. However, the petitioner wants

to submit before the trial Court and face trial. According to the counsel,

the co-accused of the petitioner has already been granted anticipatory

bail vide order, Annexure P-7, by Additional Sessions Judge, Ropar.

After hearing learned counsel for the petitioner, I do not

find it a fit case for grant of anticipatory bail as the petitioner has

already been declared a proclaimed offender vide order dated 1st August,

2008. However, in case the petitioner submits before the trial court and

surrenders his passport, his plea for regular bail shall be considered by

the trial court, which shall be decided within a week. The arrest of the
CRM No. M-4557 of 2009 2

petitioner shall remain stayed till then. However, the order of stay of

arrest shall cease to operate on the date, the bail application is decided.

It is clarified that the prayer for regular bail shall be

considered on merits keeping in view the offences alleged in the

complaint.

Disposed of.

(RAJAN GUPTA)
JUDGE
February 17, 2009
‘rajpal’