← Library
High Court of Punjab and HaryanaCRM-M/11548/2017dismissed

Sukhwinder Kumar @ Binda v. State Of Punjab

2017-07-28Mr. Justice Harinder Singh Sidhu2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-11548 of 2017 (O&M) Date of Decision: July 28, 2017 Sukhwinder Kumar @ Binda

...Petitioner

VERSUS

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Sandeep Sharma, Advocate for the petitioner.

**** INDERJIT SINGH, J.

CRM No.22891 of 2017 The application is allowed, subject to all just exceptions. Annexure P-7 is taken on record.

CRM No.M-11548 of 2017 Petitioner has filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.145 dated 26.10.2005 under Sections 452, 323, 324, 506, 148, 149 and 427 IPC (Sections 326 and 307 IPC added later on), registered at Police Station Goraya, District Jalandhar. I have heard learned counsel for the petitioner and have gone through the record.

From the record, I find that present petitioner absented from the Court proceedings and then he was declared proclaimed offender. The FIR Vineet Gulati 2017.08.01 10:13 I attest to the accuracy and authenticity of this document Chandigarh was registered in the year 2005 and the accused-petitioner did not appear

CRM No.M-11548 of 2017 -2before the Illaqa Magistrate on 22.08.2006. Now after about 11 years, the petitioner has approached this Court for grant of anticipatory bail. Learned counsel for the petitioner argued that the order declaring the petitioner as proclaimed offender is not as per law. Even if it is taken that order declaring the petitioner as proclaimed offender is not as per law, even then, the petitioner is to explain the long delay of 11 years as to why he did not appear before the Court.

Keeping in view the facts and circumstances of the present case, I do not find it a fit case where petitioner is entitled to benefit of anticipatory bail.

Therefore, finding no merit in the present petition, the same is dismissed.

July 28, 2017 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No Vineet Gulati 2017.08.01 10:13 I attest to the accuracy and authenticity of this document Chandigarh