The High Court granted regular bail to the petitioner, a proclaimed offender, in a IPC case involving larceny and rioting. The court directed the trial Court to accept the bail but also to impose heavy surety bonds due to the petitioner's proclamation status.
Release of petitioner on bail with heavy surety bonds as per trial Court's order.
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[1]
Crl. Misc. No.M-3226 of 2012
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Crl. Misc. No.M-3226 of 2012
Date of Decision: 24 - 2 – 2012
Jatinder Kumar @ JK
.....Petitioner
v.
State of Punjab
.....Respondent
CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr.Rajeev K. Kapila, Advocate for the petitioner.
Ms.Jaspreet Kaur, AAG, Punjab.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
The present petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in a case arising out of FIR No.130 dated 6.5.2009 registered at Police Station Sadar (now PS Chbbewal), Distt. Hoshiarpur under Sections 452, 427, 506, 148, 149 IPC.
Counsel for the petitioner submits that only non-bailable offence falls under Section 452 IPC.
Petitioner was declared a proclaimed offender on 8.4.2011. He was subsequently arrested on 12.10.2011. Petitioner is in custody for the last four months. Prosecution has cited 10 witnesses. Only one witness has been examined. It is a case of magisterial trial. Trial will take a long time to
[2]
Crl. Misc. No.M-3226 of 2012
conclude. Hence, the present petition is accepted. Petitioner is ordered to be released on bail to the satisfaction of the trial Court.
However, considering the fact that the petitioner was declared a proclaimed offender, the trial Court is directed to ask the petitioner to furnish heavy bail/surety bonds.
February 24, 2012.
( KANWALJIT SINGH AHLUWALIA ) JUDGE
RC
2 issues framed by the court
Whether to grant regular bail to the petitioner declared a proclaimed offender in a magisterial trial case where trial is expected to take a long time.
Whether the trial Court should direct the petitioner to furnish heavy bail given the proclamation status.
2 provisions across 2 enactments
Jatinder Kumar @ JK
State of Punjab
Kanwalsingh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
