Petitioner sought regular bail for offences under IPC and Arms Act. Court rejected bail application citing petitioner's history of absconding, prior declaration as a proclaimed offender, and escape from police custody.
Bail application dismissed; order of dismissal dated 08 December 2010.
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Crl. Misc.No.M-27828 of 2010
IN THE HON'BLE HIGH COURT PUNJAB AND HARYANA
Crl. Misc.No.M-27828 of 2010 Date of decision 8.12.2010
Balwinder Singh alias Balwinder Thakur
......Petitioner
Versus
State of Punjab
......Respondent
Present: Ms.Puja Chopra, Advocate, for the petitioner.
Mr. V.P.S. Sidhu, AAG for Punjab.
S.S. SARON, J.
Petitioner seeks regular bail in a case registered against him on 27.05.2006 for the offences under Sections 411, 414, 399, 402 IPC; besides Section 25 of the Arms Act.
Learned counsel for the petitioner has submitted copy of chargesheet dated 20.09.2010 whereby charges have been framed against the petitioner along with Sachin Walia alias Lally, Sat Pal, Kala alias Rajesh Kumar and Monu alias Ranbir Singh for the offences under Section 399, 411, 402, 411 and 414 IPC; besides Section 25 of the Arms Act.
The learned counsel for the petitioner therefore, submits that the petitioner may be granted bail in respect of the charges that have been framed as the other offences are deemed to have been dropped.
In the FIR (Annexure P-1), it has been alleged by ASI, Bhagwant Singh, that he along with other police officials were on a private vehicle and were present at T Point, Village Khabbra in the area of village Singh Ropar on Kurali Highway and had set up a check post. The secret informer
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Crl. Misc.No.M-27828 of 2010
informed ASI Bhagwant Singh that Aachin Walia alias Lalli, Balwinder Thakur (Petitioner), Sat Pal, Kala and his relative Sonu were travelling in a white colour Maruti Car bearing No.HR-70-3049 and they were transacting Hawala amounts, committing robberies and indulging in thefts, besides they had illegal weapons. On the said day i.e. 27.05.2006, they were planning to commit robbery and were sitting near the jungle, near Dry Canal, near village Behrampur. If a raid was conducted then the amount of hawala and weapons can be recovered from them. On the basis of said information it was observed that Aachin Walia alias Lalli, Balwinder Thakur (Petitioner), Sat Pal, Kala and Sonu by being together and by keeping weapons and also by keeping Hawala amount and by planning to commit Robbery, have committed offences which attract the provisions of under Sections 411, 414, 399 and 402 IPC, besides Section 25 of the Arms Act. Accordingly, a memo was sent to the Police Station to register a FIR against the accused. The car came there which was stopped. The petitioner, it is submitted was not apprehended from the spot. However, co-accused of the petitioner namely Sat Pal, Aachin Walia alisa Lalli were arrested at the spot. The registration Certificate of the car was in the name of Sat Pal. It is, therefore, submitted that nothing was recovered from the petitioner.
In response, learned counsel for the State has submitted that petitioner was earlier granted bail however, he absconded. He remained absent from more than two years. He was declared a Proclaimed Offender on 16.10.2006. Thereafter, he was arrested on 17.05.2008. Thereafter, he again absconded from Police custody and was rearrested on 16.7.2009 and since then he is in custody. As regards he escape of the petitioner FIR No.74 dated 18.05.2008 was registered at Police Station Sadar Ropar for the offence under Section 174 A IPC. In the said case the petitioner has been granted bail vide order dated 05.08.2010
Crl. Misc.No.M-27828 of 2010
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(Annexure P-2) by the learned Additional Sessions Judge, Ropar.
In the circumstances, it may be noticed that despite the petitioner being declared the Proclaimed Offender on 16.10.2006, he escape from police custody and he was rearrested thereafter on 16.7.2009. In the circumstances the no ground for bail is made and out the Criminal Miscellaneous Petition is accordingly dismissed.
December 08, 2010 Jyoti 1
(S.S.SARON) JUDGE
2 issues framed by the court
Whether the petitioner is entitled to regular bail in a case involving robbery, theft, and illegal possession of arms, given his history of absconding and being a proclaimed offender.
Whether the petitioner's repeated escapes and rearrests negate the grounds for granting bail.
3 provisions across 2 enactments
Balwinder Singh alias Balwinder Thakur
State of Punjab
S. S. Saron
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
