The High Court granted the petitioner bail, to be effected by the Trial Magistrate upon his entering appearance, noting the absence of a formal declaration as a proclaimed offender and lack of evidence proving forgery of title documents.
Petitioner to be released on bail by the learned Trial Magistrate upon entering appearance on 16.11.2009.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No.M-30765 of 2009
Date of decision : 11.11.2009
Ashok
....petitioner
Versus
State of Punjab
....Respondent
CORAM : HON'BLE MR. JUSTICE S. D. ANAND
Present: Mr. Sandeep Arora, Advocate for the petitioner.
Mr. B.B.S.Teji, Assistant Advocate General,Punjab S. D. ANAND, J.
It is present common ground that the challan in the matter had already been filed. The only averment, in the course thereof qua the petitioner, is that the steps are being taken to declare him as proclaimed offender. There is, thus, no formal declaration of the petitioner as proclaimed offender till date.
Learned State Counsel has not been able to invite my attention to any evidence which the Investigating Agency may have collected to prove that it was the petitioner who was forging the documents of title on the basis of which his co-accused were furnishing sureties.
On his entering appearance before the Trial Court on 16.11.2009, the petitioner shall be released on bail by the learned Trial Magistrate.
Disposed of accordingly.
November 11, 2009 (S. D. ANAND) Pka JUDGE
1 issue framed by the court
Whether the petitioner should be granted bail by the Trial Court considering no formal declaration as a proclaimed offender exists and no evidence on record regarding alleged forgery.
Ashok
State of Punjab
S. D. ANAND
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
