Single judge dismissed anticipatory bail petition filed by proclaimed offenders in an IPC slaughter case, holding no ground for bail made out due to their default in joining trial.
Petition dismissed as no ground for pre-arrest bail was made out given the petitioners' status as proclaimed offenders and failure to join the trial.
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.
Crl. Misc. No.M-31436 of 2013
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No.M-31436 of 2013 Date of decision: 27.09.2013
Bachitter Singh alias Mitta and another
.....Petitioners
versus
State of Punjab
.... Respondent
CORAM : HON’BLE MR. JUSTICE S.S.SARON
Present: Mr. S.S.Rangi, Advocate for the petitioners.
S.S. SARON, J.
The Criminal miscellaneous application has been filed seeking anticipatory bail in case FIR No.107 dated 01.05.2009 registered at Police Station Banga Distt. Shaheed Bhagat Singh Nagar for the offences under Sections 307, 326, 324, 323, 392, 148, 149 and 120-B IPC. Bachitter Singh (petitioner No.1) earlier filed Crl. Misc. No.M-30024 of 2010 and his application for bail was dismissed on 20.01.2011 by passing the following order:-
“Learned counsel for the petitioners submits that he may be allowed to withdraw the present petition and approach the learned trial Court for grant of regular bail.
Dismissed as withdrawn. In case the petitioners surrenders before the learned trial Court within three days
Amit Kaundal 2013.10.04 17:14 I attest to the accuracy and integrity of this document Chandigarh
Crl. Misc. No.M-31436 of 2013
-2-
of receipt of copy of this order, their application for regular bail be considered expeditiously by the concerned Court and preferably within three days of its filing after excluding the period of police remand, if any.”
Jagroop Singh alias Roopa (Petitioner No.2) earlier filed Crl. Misc. No.M-8322 of 2010. His application was dismissed on 22.04.2010. The operative part of which reads as under:-
“After giving my thoughtful consideration to the matter, it may be noticed that the petitioner is a proclaimed offender since 19.8.2009 and this Court vide order dated 19.11.2009 passed in Crl. Misc. No. M-29055 of 2009 dismissed the petition of Bachitter Singh and Hardev Singh for the grant of pre-arrest bail. Four specific injuries are attributed to the petitioner. Besides, both the legs and arms of the complainant have been amputated.
In the facts and circumstances, no ground for grant of pre-arrest bail is made out.
Crl. Misc. petition is accordingly dismissed.”
Learned counsel for the petitioners has contended that now the co-accused of the petitioner have been acquitted by the learned Additional Sessions Judge, Shaheed Bhagat Singh Nagar vide judgment and order dated 19.03.2013 (Annexure P-3). A perusal of the said order shows that Jagroop Singh (Petitioner No.2) was a proclaimed offender and Rohit Mehta accused is stated to be in custody and remaining accused on bail. However, learned counsel
Amit Kaundal 2013.10.04 17:14 I attest to the accuracy and integrity of this document Chandigarh
-3-
Crl. Misc. No.M-31436 of 2013
for the respondent submits that even Bachitter Singh (petitioner No.1) was a proclaimed offender.
Keeping in view the earlier orders passed by this Court, no ground for pre-arrest bail is made out at this stage especially when the petitioners have remained proclaimed offenders and have not appeared to join the trial.
Consequently, there is no merit in the petition and the same is accordingly dismissed.
(S. S. Saron) Judge
27.09.2013 A.Kaundal
Amit Kaundal 2013.10.04 17:14 I attest to the accuracy and integrity of this document Chandigarh
1 issue framed by the court
Whether anticipatory bail can be granted when petitioners are proclaimed offenders who have absconded and failed to join the trial without establishing meritorious grounds.
Bachitter Singh alias Mitta and another
State of Punjab
S.S. Saron
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
