HARBANS BUNGAR & ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this petition under Section 438 Cr. P.C., the petitioners have sought pre-arrest bail in a case registered against them under Sections 420, 406, 120-B IPC at Police Station Navi Baradari, Jalandhar, District Jalandhar, vide FIR No. 173 dated 23rd December, 2010.

(2.) Learned counsel for the petitioner has argued that petitioners have been falsely implicated in the case. The matter involved is purely of civil nature. They are, thus, entitled to concession of pre-arrest bail. She has relied upon judgment reported as Mehar Singh and Anr. v. State of Punjab, 2010 CrLJ 409 to contend that petitioners could not have been declared proclaimed offenders in their absence.

(3.) Learned State counsel has, however, opposed the prayer. He submits that FIR was registered way back in the year 2010. The petitioners have never associated in the investigation. They were later declared proclaimed offenders. Thus, they are not entitled to concession of pre-arrest bail.