High Court Punjab-Haryana High Court

Present : Ms. Manisha Lamba vs Counsel For The Complainant on 18 December, 2009

Punjab-Haryana High Court
Present : Ms. Manisha Lamba vs Counsel For The Complainant on 18 December, 2009
                       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
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