High Court of Punjab and HaryanaCRM-M/15864/2015dismissed

Narbir v. State Of Haryana

2015-05-25Mr. Justice P.B. Bajanthri2 pages

Criminal Misc. No.M-15864 of 2015 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. Cr.M.No.M-15864 of 2015 (O&M) DATE OF DECISION : 25.5.2015 Narbir PETITIONER

VERSUS

State of Haryana RESPONDENT CORAM : HON'BLE MR.JUSTICE MAHESH GROVER

1. Whether reporters of Local Newspapers may be allowed to see the judgment ?

2. To be referred to the Reporters or not ?

3. Whether the judgment should be reported in the Digest ? Present:- Shri R.S.Kundu, Advocate for the petitioner.

MAHESH GROVER, J.

The petitioner prays for pre-arrest bail under Section 438 Cr.P.C. in a case registered vide F.I.R. No.193 dated 19.10.2008 under Sections 147,148,149,323,324,307,302 I.P.C. and Sections 25,54,59 of the Arms Act at Police Station Khaidki Daula District Gurgaon. His prayer for bail was declined in 2009 by the learned Additional Sessions Judge, Gurgaon. Before this Court, he made an attempt by filing Cr.M.No.M-4374 of 2009, but had withdrawn the same on 16.2.2009. Thereafter more than six years have elapsed and the petitioner is still GHANSHYAM DASS 2015.05.26 16:04 I attest to the accuracy and authenticity of this document high court chandigarh

Criminal Misc. No.M-15864 of 2015 -2at large. This would clearly disentitle the petitioner to the benefit of pre-arrest bail particularly when he has himself held up the trial by his default. It is the conceded case that the petitioner has not put in appearance before the learned trial Court. Evidently, at this point of time, he would have been declared a proclaimed offender.

If that be so, the petitioner does not deserve the concession of prearrest bail. However, in case the petitioner surrenders himself before the trial Court and makes a prayer for regular bail, the same shall be considered and decided by the said Court in accordance with law as expeditiously, as possible, but not later than three days from the date when such an application is filed. Petition stands dismissed.

(MAHESH GROVER) May 25, 2015 JUDGE GD GHANSHYAM DASS 2015.05.26 16:04 I attest to the accuracy and authenticity of this document high court chandigarh