Parminderjit Singh vs State Of Punjab on 3 March, 2009

Criminal Misc. No. M-1982 of 2009 (O&M)                              1




     In the High Court of Punjab and Haryana, at Chandigarh.


              Criminal Misc. No. M-1982 of 2009 (O&M)

                       Date of Decision: 3.3.2009


Parminderjit Singh
                                                            ...Petitioner
                                  Versus
State of Punjab
                                                          ...Respondent


CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.


Present: Mr. Brijeshwar Singh, Advocate
         for the petitioner.

         Mr. Anter Singh Brar, Deputy Advocate
         General, Punjab, for the State.


Kanwaljit Singh Ahluwalia, J. (Oral)

Criminal Misc. No. 11046 of 2009

Criminal Misc. Application is allowed.

Order (Annexure P17) is taken on record.

Criminal Misc. No. M-1982 of 2009

On 22.1.2009, this Court had passed the following order:-

“Notice of motion.

On the asking of the Court Mr. Anter Singh

Brar, learned Deputy Advocate General, Haryana,

accepts notice on behalf of the State. A copy of

petition has been supplied to him.

Petitioner was named in case FIR No. 119
Criminal Misc. No. M-1982 of 2009 (O&M) 2

dated 25.9.1996 registered at Police Station Division

No. 6, Jalandhar, under Section 279 & 304-A IPC.

Counsel for the petitioner submits that

petitioner was not involved in the accident. He

further submits that petitioner was declared as

Proclaimed Offender when he had left for Canada.

Counsel for the petitioner has referred to order dated

2.11.2008 passed by the Court of learned Judicial

Magistrate Ist Class, wherein it has been stated that

petitioner has left to Canada and service be effected

through Embassy. Counsel for the petitioner has

placed reliance upon judgment of Delhi High Court

in Sunil Kumar v. State 2002(1) Recent Criminal

Reports 119 to say that petitioner has to be served

through Ministry of External Affairs of Canada. It has

been further stated that no service was effected

upon the petitioner, therefore, order of declaring him

Proclaimed Offender is bad in the eyes of law.

Counsel further submits that the petitioner

is ready and willing to face his trial. Offence under

Sections 279 & 304-A IPC is bailable. Counsel

further submits that the petitioner is ready and willing

to appear in the trial Court.

In view of this, the petitioner may appear

before the trial Court on or before 31.1.2009. On his

appearance he shall be released on bail.
Criminal Misc. No. M-1982 of 2009 (O&M) 3

Case to come up for further hearing on

6.2.2009″.

Mr. Anter Singh Brar, learned Deputy Advocate General,

Punjab, on instructions from Dalwinder Singh, Head Constable, submits

that supplementary challan was filed on 24.2.2009.

Counsel for the petitioner has placed on record order

(Annexure P17) to state that petitioner has appeared before the trial

Court in compliance of order dated 22.1.2009.

Hence, the petitioner is allowed to remain on bail during the

pendency of trial on furnishing of fresh bail bonds to the satisfaction of

the trial Court. The trial Court shall be empowered to cancel the bail of

the petitioner in case of any breach of terms & conditions of the bail

bonds.

The trial Court is further directed to conclude the trial within six

months from the receipt of copy of this order.

With the observations made above, the present petition is

disposed off.

(Kanwaljit Singh Ahluwalia)
Judge
March 3, 2009
“DK”