Vijay Kumar v. State Of Punjab

CRM-M No.28340 of 2021




219 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M No.28340 of 2021 Date of Decision: 03.08.2021
Vijay Kumar
......Petitioner
Vs
State of Punjab
.....Respondent
CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH
Present:Mr. Kamal Narula, Advocate
for the petitioner.
Mr. Amar Ashok Pathak, Addl. A.G., Punjab.

(Through Video-Conferencing)
****
RAJ MOHAN SINGH, J.(Oral)
Petitioner seeks grant of regular bail under Section 439 Cr.P.C in case bearing FIR No.8 dated 09.01.2015, registered under Sections 457 and 380 of Indian Penal Code, 1860 at Police Station Guruharsahai, District Ferozepur.
Office has pointed out that earlier CRM-M No.12510 of 2015 was filed and the petitioner has shown the present petition to be the first petition under Section 439 Cr.P.C.

Learned counsel for the petitioner submits that the petitioner in para No.3 of the petition has mentioned that earlier he was granted regular bail on 27.04.2015 but due to some misconception, he could not elaborate the aforesaid petition in terms of its criminal miscellaneous number. The petitioner was granted regular bail in the aforesaid FIR on 27.04.2015 by the High Court in CRM-M No.12510 of 2015. Thereafter, the GEETA RANI 2021.08.

CRM-M No.28340 of 2021




petitioner was declared as 'Proclaimed Offender' vide order dated 02.02.2017 passed by the trial Court. The petitioner was arrested only on 19.03.2021 and since than he is in custody. Learned counsel for the petitioner submits that the absence of the petitioner for the period in question though could not be explained with reference to conclusive explanation, but keeping in view the allegations and nature of accusation against the petitioner, he is ready to furnish heavy bail bonds and surety bonds to the satisfaction of the trial Court.
Learned State counsel, however, opposed the prayer of learned counsel for the petitioner on the ground that the petitioner in the event of grant of bail, may again flee from justice as he has already delayed the trial for about 4 years. Now, the case is fixed for 18.08.

2021 before the trial Court for PWs.
Be that as it may, I deem it appropriate to enlarge the petitioner on regular bail subject to the conditions that the petitioner shall furnish heavy bail bonds/surety bonds to the satisfaction of the trial Court.
The present petition stands disposed of.
Nothing expressed hereinabove would be construed to be an expression of any opinion on merits of the case.
August 03, 2021 (RAJ MOHAN SINGH)
geeta JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
GEETA RANI 2021.08.