(1.) PETITIONER was declared a proclaimed offender and now after her arrest trial is going on. On July 8, 2004 after noticing following contention of counsel for the petitioner, he was directed to place on record copy of judgment referred to by him :-
(2.) BY moving an application, counsel for the petitioner has brought on record copy of judgment dated July 12, 2003, passed by Judge, Special Court, Patiala, vide which Angrej Singh, co-accused of the petitioner, similarly situated, was acquitted. However, another co-accused Tahar Ahmad, who was arrested at the spot, was convicted. By referring to the contents of the said judgment, petitioner's counsel states that petitioner is similarly situated and his case is akin to the case of Angrej Singh, who was acquitted by the Court below. Records show that it was case of the prosecution that when truck being driven by Tahar Ahmad was stopped, Angrej Singh, Suba, Chhindi, Chandi and Melo, the petitioner, were successful in running away from the spot. This story has been disbelieved by the trial Court, by opining that in the presence of as many as 12 police officials, it is not possible for a lady and other co-accused to run away from the spot. Petitioner, a lady, is in jail since March 13, 2004. Trial will take a long time before it is concluded. It is also apparent from the records that against petitioner, evidence is the same on the basis of which Angrej Singh was acquitted by the trial Court. Though alleged recovery is heavy but in view of exceptional circumstances, this Court feels that the petitioner is entitled to bail. Consequently, this application is allowed and the petitioner is directed to be released on bail to the satisfaction of Chief Judicial Magistrate, Patiala. Application allowed.