PRITPAL SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) Heard counsel for both the sides.

(2.) This is a petition under Sec. 439 read with Sec. 482 Code Criminal Procedure for granting bail to the petitioner in F.I.R. No. 196 dated 21.12.1989 registered at Police Station Kotwali, Kapurthala, under Sections 395, 447, 448 Indian Penal Code etc. and for setting aside the order dated 24.2.1994 cancelling the bail bonds of the petitioner as also the order dated 18.8.1994 declaring the petitioner as proclaimed offender passed by the learned Chief Judicial Magistrate, Kapurthala.

(3.) The learned counsel for the petitioner contends that the petitioners who is the 25th accused in the case, was released on bail, and that on 30.1.1992 the learned Additional Chief Judicial Magistrate, Kapurthala, had passed the order that the challan had not been presented and presence of all the accused exempted till the challan is presented. The learned counsel for the petitioner further contends that the challan was filed on 31.8.1993 and the petitioner has been appearing in the Court. According to him on 11.1.1994 the presence of the petitioner was exempted by the Chief Judicial Magistrate, and the case was adjourned to 24.2.1994, but on 24.2.1994, the learned Chief Judicial Magistrate, himself interpreted his earlier order dated 11.1.1994 as if exemption was granted to the petitioner for 11.1.1994 only, cancelled his bail and surety bonds and issued non-bailable warrants for the production of the petitioner. The case was adjourned to 17.3.1994, on which date the warrants had not been received back and again non-bailable warrants for arrest of petitioner were issued for 2.4.1994. The learned counsel for the petitioner also contends that on 18.8.1994, the statement of the serving constable regarding effecting of the proclamation against the petitioner was recorded, and the. petitioner was declared as a proclaimed offender.