The High Court dismissed a bail petition filed under Section 439 Cr.P.C. The petitioner, declared a proclaimed offender for absconding, was denied bail due to high risk of re-absconding. The court directed the trial court to expedite the trial.
Petition dismissed; trial court directed to expedite 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.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-38276 of 2018 (O&M) Date of Decision: September 24, 2018
Makhan Singh
...Petitioner
VERSUS
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH
Present: Mr.Amardeep Singh Mann, Advocate for the petitioner.
INDERJIT SINGH, J.
Petitioner has filed this second petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.134 dated 25.10.2014 under Sections 399, 402, 411 and 149 IPC, registered at Police Station Sadar, Mansa.
Notice of motion.
Ms.Monika Jalota, DAG, Punjab, has put in appearance on behalf of the respondent-State and contested the petition.
I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record.
From the record, I find that present case has been registered in the year 2014. The petitioner absented from the Court proceedings and was declared proclaimed offender on 06.04.2016 and even after that, he did not VINEET GULATI 2018.09.25 16:16 I attest to the accuracy andappear before the trial Court. The petitioner has been in custody since authenticity of this document Chandigarh
CRM No.M-38276 of 2018
-2-
22.12.2017.
As the petitioner absented from the trial Court and declared proclaimed offender, therefore, if the bail is granted to the petitioner, there is every chance that he may again abscond from the proceedings.
Therefore, finding no merit in the present petition, the same is
dismissed.
However, as the petitioner is stated to have been in custody since 22.12.2017, therefore, learned trial Court is directed to expedite the trial by giving short adjournments and if required, even day to day adjournments.
September 24, 2018 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No
VINEET GULATI 2018.09.25 16:16 I attest to the accuracy and authenticity of this document Chandigarh
2 issues framed by the court
Whether bail should be granted to a petitioner who was declared a proclaimed offender for absconding from trial.
Whether the trial court is directed to expedite proceedings given the petitioner's custody status.
1 provisions across 1 enactments
Makhan Singh
State of Punjab
INDERJIT SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
