The Court granted regular bail to the petitioner, Satish Kumar, who was in custody after being declared a proclaimed offender for absconding. The decision was made despite his history of absence, noting that co-accused stood acquitted.
Petitioner directed to be released on bail with heavy surety to the satisfaction of the trial Court.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl.Misc.No.M-31297 of 2011 Date of Decision:- 21.11.2011 Satish Kumar ....Petitioner(s) vs. State of Punjab ....Respondent(s) ***
CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH
Present:Mr.Sandeep Arora, Advocate, for the petitioner.
Mr.Amandeep Singh Rai,DAG, Punjab.
AUGUSTINE GEORGE MASIH, J. (Oral)
Prayer in this petition is for grant of regular bail.
It is the contention of the counsel for the petitioner that the petitioner was initially released on bail. He absented during the trial on 29.9.2009 and thereafter he was declared a proclaimed offender vide order dated 6.1.2010. The petitioner was re-arrested on 21.6.2011 and since then he is in custody. His submission is that in this case, in the FIR in which the petitioner stands arrested, the co-accused who were facing trial stand acquitted by the trial Court vide judgment dated 20.8.2010 and the complainant party has been convicted on a cross-case in the same FIR.
Counsel for the petitioner undertakes that the petitioner shall appear before the trial Court on each date and he may be released on bail on submitting heavy surety to the satisfaction of the trial Court.
Counsel for the State submits that the petitioner had already absconded and had absented himself and there is no explanation for his
Crl.Misc.No.M-31297 of 2011
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absence from appearance before the trial Court. He, however, admits the facts on instructions from ASI Amarjit Singh, Police Station Basti Bawaki that the co-accused of the petitioner stand acquitted whereas in the crosscase, the complainant party has been convicted.
In view of the above, the present petition deserves to be allowed for the reason that the petitioner is in custody since 21.6.2011 and also that the co-accused of the petitioner stand acquitted in the trial.
As such petition stands allowed and the petitioner is directed to be released on bail to the satisfaction of the trial Court with heavy surety.
November 21, 2011 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE
1 issue framed by the court
Whether a petitioner who was initially released on bail and then declared a proclaimed offender for absconding should be granted regular bail in the custody owing to the acquittal of co-accused.
Satish Kumar
State of Punjab
Augustine George Masih
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
