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High Court of Punjab and HaryanaCRM-M/41373/2022dismissed

Amanjot Singh Rajpal v. State Of Punjab

2022-12-15Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-41373-2022 (O&M) Date of Decision:-15.12.2022 Amanjot Singh Rajpal ... Petitioner

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Manpreet Singh Kanda, Advocate and Ms. Pridhi Jaswinder Sandhu, Advocate for the petitioner. Mr. Luvinder Sofat, DAG, Punjab.

***** GURVINDER SINGH GILL , J .

1.

The petitioner seeks grant of anticipatory bail in respect of a case registered vide FIR No. 112 dated 25.5.2019 at Police Station Tanda, District Hoshiarpur, under Sections 406, 420 IPC.

2.

The facts, in nutshell, are that respondent no. 2/complainant - Pushpinder Singh lodged FIR No. 112 dated 25.5.2019, Police Station Tanda, District Hoshiarpur wherein it is alleged that the petitioner alongwith co-accused had defrauded the complainant of an amount of `2.40 lacs. 3.

The learned counsel for the petitioner submits that since the matter has been amicably resolved amongst the parties, the petitioner deserves the concession of anticipatory bail.

4.

This Court has considered the aforesaid submission. KAMAL KUMAR 2022.12.16 15:58 I attest to the accuracy and authenticity of this document

( 2 ) CRM-M-41373-2022 (O&M) 5.

The petitioner was declared a proclaimed offender on 1.4.2022, necessarily indicating that he had been evading his arrest. 6.

Keeping in view the conduct of the petitioner particularly the fact that he had been declared a proclaimed offender and also the ratio of State of Madhya Pradesh Vs. Pradeep Sharma, 2014(2) SCC 171 and Lavesh Vs. State (NCT of Delhi) 2012(8) SCC 730, wherein it has been held that a proclaimed offencer should not be granted anticipatory bail, this Court is not inclined to grant the relief of anticipatory bail. The petition is sans merit and is hereby dismissed.

7.

However, in case the petitioner surrenders before the trial Court within two weeks from today and moves an application for grant of regular bail, the trial Court shall dispose off such application expeditiously, preferably within 3 days of filing of such application, while considering the contention of accused as regards compromise.

15.12.2022 ( Gurvinder Singh Gill ) kamal Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No KAMAL KUMAR 2022.12.16 15:58 I attest to the accuracy and authenticity of this document