RAJBIR ALIAS LILU Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition filed under Section 438 of the Code of Criminal Procedure, 1973 seeks grant of pre-arrest bail to the petitioner in case FIR No. 274 dated 18.11.1994 registered under Sections 452, 148, 506 and 307 read with Section 149 IPC registered at Police Station Civil Lines, Bhiwani.

(2.) THE allegations levelled against the petitioner are that he has been named in the aforementioned FIR and was later on declared as proclaimed offender. He continued to be a proclaimed offender till day. Despite repeated queries, counsel for the petitioner has not been able to reply as to whether any application for setting aside the proceedings declaring him proclaimed offender has been filed or he still continuous to be a proclaimed offender in the record of the Court. The learned counsel for the petitioner, however, has argued that on 20.9.2002, the petitioner was given interim bail by this Court and he has joined investigation.

(3.) THE argument that the petitioner has joined the investigating is no answer to the basic fact that the petitioner is a proclaimed offender and cannot enjoy the cushioned order of pre-arrest bail. The joining of investigation is hardly any ground to accept the prayer for pre-arrest bail. The submission is misconceived and is liable to be rejected. For the reasons recorded above, this petition fails and the same is dismissed. Petition dismissed.