High Court of Punjab and Haryana granted regular bail to petitioner Manoj Kumar under Section 439 Cr.P.C. regarding an excise case where he surrendered after being declared a proclaimed offender, subject to conditions.
Petitioner ordered to be released on bail during the pendency of trial subject to furnishing bail bonds to the trial court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRM No.M-35537 of 2012 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-35537 of 2012 (O&M)
Date of decision : 05.12.2012
Manoj Kumar
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN
Present: Mr. Bhag Singh, Advocate, for the petitioner.
Mr. Mehardeep Singh, DAG, Punjab, assisted by ASI Baldev Singh.
JITENDRA CHAUHAN, J. (Oral)
The present petition has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in case FIR No.232 dated 02.07.2000, registered under Section 61 of the Excise Act, at Police Station Lalru, District Patiala (now District SAS Nagar, Mohali).
The learned counsel for the petitioner submits that the petitioner is an accused in the above noted case and he had been attending the Court for about 04 years, but could not attend the Court
on 09.11.2004. The bail of the petitioner was cancelled and non-
CRM No.M-35537 of 2012 (O&M) -2-
bailable warrants were issued against the petitioner. Ultimately, he was declared proclaimed offender. He could not attend the Court under the bona fide belief that the case had been decided. When the petitioner came to know about the pendency of the proceedings, he himself surrendered before the trial Court on 22.08.2012. The petitioner is a student.
On the other hand, the learned State counsel submits that the accused had been fleeing from justice for about 8 years and he is not entitled to any concession.
Heard.
Keeping in view the fact that petitioner himself surrendered and is in custody thereafter, the petitioner is ordered to be released on bail during the pendency of the trial subject to his furnishing bail bonds to the satisfaction of the trial Court/Illaqa Magistrate.
(JITENDRA CHAUHAN) JUDGE
05.12.2012 atulsethi
2 issues framed by the court
Whether the petitioner is entitled to regular bail after surrendering during his declared period as a proclaimed offender.
Whether a belief that the case had been decided when the petitioner failed to appear in court, justified his non-appearance and subsequent surrender.
2 provisions across 2 enactments
Manoj Kumar
State of Punjab
Jitendra Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
