Full Judgment
Crl.
Misc.
not M-38912 o”
1. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***** Crl.
Misc.
not M-38912 of 2012 Date of decision : February 01, 2013 ***** Dilbagh Singh ............Petitioner Versus State of Punjab ...........Respondent ***** CORAM: HON'BLE Mr.JUSTICE MAHESH GROVER ***** Present: Mr.R.S Sekhon, Advocate for the petitioner.
Mr.Rajni Gupta, Addl.
Advocate General, Punjab.
***** MAHESH GROVER, J (ORAL) This is a prayer for regular bail under Section 439 Cr.P.C in case bearing FIR No.64 dated 23.5.2005 registered under Sections 457/380 IPC at Police Station Mamdot, District Ferozepur.
In the instant FIR, the petitioner was never arrested and therefore, it is his specific case that he was unaware of this FIR.
To establish the bona fides of the petitioner, learned counsel appearing on his behalf has contended that in another FIR bearing No.119 dated 19.12.2005 registered under Sections 379/411/420/467/120-B IPC and Sections 25/54/59 of the Arms Act at a different District, he has been facing prosecution and has been attending the proceedings regularly.
It is further pleaded that because of the ignorance of the pendency of this case, he failed to associate himself with the Crl.
Misc.
not M-38912 o”
2. proceedings.
This prayer has been opposed by the learned counsel appearing for the respondent who has stated that the petitioner has been involved in two cases of similar type and therefore, does not deserve the concession of regular bail, more particularly, when he has been declared as a proclaimed offender.
Having heard the learned counsel for the parties and noticing the contentions that have been raised by the learned counsel for the petitioner, this Court intends to give the benefit of the explanation to the petitioner as such a possibility cannot be ruled out considering that the petitioner was never arrested in this case and thus his ignorance regarding the pendency of the case possibly may be bona fide.
Consequently, the petition is allowed and the petitioner, Dilbagh Singh is directed to be released on bail however, subject to his furnishing surety/bail bonds so as to obviate any chance of future default.
Bail to the satisfaction of the Chief Judicial Magistrate, Ferozepur.
February 01, 2013 ( MAHESH GROVER ) ritu JUDGE