Dismissed

Baljinder Singh @ Gagan v. State of Punjab

Punjab & Haryana HC27 Jul 2012CRM-M/22274/2012

Case brief

AI extract

What is this about?

The High Court dismissed the petition for anticipatory bail filed by a proclaimed offender. The Court held that anticipatory bail cannot be granted without challenging the proclamation order and found no merit due to the petitioner's absence from court proceedings and lack of trial prospects.

What did the court decide?

Petition dismissed; trial court directed to consider regular bail application if petitioner surrenders.

Baljinder Singh @ Gagan Vs State of Punjab — Bail and Remand | Punjab & Haryana HC (2012)

¶1

(1)

¶2

Crl. Misc. No. M-22274 of 2012 (O&M)

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

Crl. Misc. No. M-22274 of 2012 (O&M)

¶5

DATE OF DECISION: 27.07.2012

¶6

Baljinder Singh @ Gagan

¶7

..........Petitioner

¶8

Versus

¶9

State of Punjab ..........Respondent

¶10

BEFORE:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY

¶11

Present:Mr. Navkiran Singh, Advocate for the petitioner.

¶12

¶13

DAYA CHAUDHARY, J.

¶14

The prayer in the present petition is for grant of pre-arrest bail to the petitioner in case FIR No. 109 dated 28.6.2011 registered under Sections 376/506/34 IPC at Police Station Sultanwind, District Amritsar.

¶15

Learned counsel for the petitioner contends that the petitioner along with his father has falsely been implicated in this case and the allegations in the FIR are of such nature which cannot be believed. Learned counsel further contends that the matter has been compromised between the parties and the prosecutrix has also given an affidavit to this extent, on the basis of which, petition bearing Crl. Misc. No. M-5831 of 2012 has been filed for quashing of the FIR on the basis of compromise, wherein, directions have been issued to make statement before the trial Court. Learned counsel submits that since the father of the petitioner is in custody and petitioner is proclaimed offender, they could not appear before

¶16

(2)

¶17

Crl. Misc. No. M-22274 of 2012 (O&M)

¶18

the trial Court for recording of their statements. It is also the contention of learned counsel that in view of the compromise and affidavit given by the prosecutrix, the prosecution will not be able to prove its case against the petitioner and it would be a futile exercise as the prosecutrix is not going to support the case of the prosecution during trial.

¶19

Admittedly, the petitioner is P.O. and has not challenged the PO order so far. The concession of anticipatory bail cannot be granted unless the PO order is challenged. It has also not been explained as to why he did not join the Court proceedings and whether his act to avoid the Court proceedings was intentional or any compelling reasons were there not to appear before the trial Court. Earlier the petitioner has also filed petition for quashing of the FIR before this Court, which was dismissed as withdrawn with liberty to take all points contained in the petition at the appropriate stage of the trial before the trial Court.

¶20

In view of the above, no ground is made out to grant anticipatory bail to the petitioner. The petition being devoid of any merit is hereby dismissed.

¶21

However, in case the petitioner surrenders before the trial Court and subsequently moves an application for grant of regular bail, the trial Court is directed to consider the same and pass necessary orders in accordance with law.

¶22

(DAYA CHAUDHARY) JUDGE

¶23

July 27, 2012 pooja

Baljinder Singh @ Gagan v. State of Punjab

Case brief

What is this about?

What did the court decide?

Baljinder Singh @ Gagan v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sukha Singh @ Sukha Vs State of Punjab and Another

Amit Sondhi Vs State of Haryana

Surinderpal Singh @ Shinderpal @ Shinda Vs State of Punjab

State of Haryana Vs Pirthi Singh

M.N. Rajashekhar Vs Indiabulls Housing Finance Ltd.

Balkar Singh Sidhu Vs State of Punjab and Ors.