NISHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner seeks grant of regular bail under Section 439 Cr.P.C in case bearing FIR No.221 dated 18.08.2009, registered under Sections 420, 406 and 120-B IPC at Police Station City, Kapurthala.

(2.) The FIR in question was registered in the context of filing frivolous petitions before the Registrar Kapurthala and civil suit(s). CWP No. 8822 of 2004 was filed by the petitioner through power of attorney Lakhwinder Kaur as the petitioner was in Bahrain. The said petition was dismissed by this Court on 15.07.2008 with cost(s) of Rs.10,000/-. The cost(s) was ordered to be paid to complainant Bikkar Singh for not getting the sale deed registered by the petitioner. Against the aforesaid order dated 15.07.2008 passed by this Court, SLP was preferred by the petitioner in which directions for registration of sale deed and imposition of cost(s) were stayed vide order dated 19.02.2009. The FIR in question came to be registered on 18.08.2009 i.e. after the order passed by Hon'ble Apex Court. The petitioner along with his wife filed CRM-M-27150 of 2019 for quashing of aforesaid FIR. The said petition was dismissed qua the petitioner, however, the proceedings qua Lakhwinder Kaur were stayed and it was quashed later on vide order dated 23.08.2017. Hon'ble Apex Court, however, dismissed the Special Leave Petition with an observation that the criminal case registered against the petitioner would be decided by the concerned Court on its own merit without being influenced by any of the observations made in the order dated 15.07.2008 passed by this Court in CWP No.8822 of 2004.

(3.) Learned counsel for the petitioner submits that due to absence of the petitioner, he was declared proclaimed offender on 29.11.2017 and he surrendered himself on 10.07.2019. Wrong date has been mentioned in the order, showing the date of arrest of the petitioner as 22.10.2019.