HARJINDER SINGH ALIAS BHOOLU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRESENT petition has been filed by the petitioner for pre- arrest bail in F.I.R. No. 231 dated 17.10.1987, P.S. Division No.4, Jalandhar, under Sections 323/148/149/427/452 of the Indian Penal Code. Initially, the petitioner was allowed bail by the Additional Sessions Judge, Jalandhar. However, the petitioner was declared proclaimed offender during trial pending against the petitioner and other accused as the petitioner had gone abroad without obtaining any permission of the Court. This Court, vide order dated May 22, 1992 allowed bail to the petitioner. Thereafter, the petitioner again went abroad and he was again declared proclaimed offender on 15.2.1993. Vide judgment dated 22.7.1993, all the co-accused were acquitted. The petitioner, after coming back from abroad on getting medical treatment, has filed the present petition for pre-arrest bail on the ground that he was required to go abroad for getting medical emergently and for this reason, he could not inform the Court. Vide order dated 5.8.1994, this Court passed interim direction that in case the petitioner puts in appearance in the trial Court within a week's time from that date, he would be admitted to bail. Today, he has filed a certificate from the Additional Sessions Judge, Jalandhar to the effect that the petitioner has surrendered before the Additional Sessions Judge, Jalandhar on 10.8.1994 and he has been released on bail in compliance with the order of this Court.

(2.) MR . Arora, learned counsel appearing for the complainant, is opposing the concession given to the petitioner on the ground that the petitioner has been declared a proclaimed offender and he does not deserve the concession of bail.