VINAY Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petition is filed by accused Vinay praying for grant of regular bail in a case registered under Sections 148, 149, 302, 307, 323 and 120 -B of the Indian Penal Code and Section 25 of the Arms Act.

(2.) ACCUSED Vinay was in fact granted bail by the trial Court itself, considering the role allegedly played by him but he absconded during the course of trial on 21.5.2014. Surety proceedings were initiated. A penalty of Rs. 20,000/ - was imposed on the surety as he was not in a position to produce accused Vinay. Warrant of arrest issued did not also fructify. The proclamation proceedings were also initiated under Section 82 of the Code of Criminal Procedure. An ultimatum to declare him as a proclaimed offender with a threat to launch a separate criminal case under Section 174 -A IPC was given but two days prior to the expiry of the above ultimatum given by the trial Court, accused Vinay surrendered on 29.10.2014. He was remanded to judicial custody by the trial Court. He moved an application for bail before the trial Court.

(3.) THE trial Court having given cogent reasons that the absence of accused Vinay was not only deliberate but also intentional, declined the plea for bail sought for by him. The trial Court also referred to the conduct of the other accused which virtually stalled the trial proceedings for about eight long years.