Lovepreet Singh vs State Of Punjab
2022 Latest Caselaw 6074 P&H

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CRM-M-26447-2022


      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                           CRM-M-26447-2022
                                           Date of decision: 04.07.2022

Lovepreet Singh
                                                               ...Petitioner
                                    Versus

State of Punjab                                                .....Respondent

CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:-   Mr. Tarun Sharma, Advocate,
            for the petitioner.

HARNARESH SINGH GILL, J. (ORAL)

Through this petition, the petitioner seeks anticipatory bail in

case FIR No.156 dated 16.10.2015, registered at Police Station Kulgari,

District Ferozepur, under Sections 307, 382, 435, 427, 341, 323, 506, 148

and 149 IPC (Sections 436, 355, 298, 379-B and 120-B IPC and Section 67

of the Information Technology Act, 2000, added later on).

Learned counsel for the petitioner contends that the FIR was

registered against unidentified persons; that the petitioner was indicted in

the present case on the basis of the supplementary statement of

complainant-Darshan Singh, who was a member of SGPC; that all the co-

accused stood acquitted of the charges, vide judgment dated 22.10.2018

passed by learned Addl. Sessions Judge, Ferozepur; that the petitioner had

gone abroad and was not aware about the pendency of the present case, and

that by way of CRM-M-24522-2022, the petitioner has challenged the

order dated 12.06.2017, declaring him a proclaimed offender, and notice of

motion has been issued therein.

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CRM-M-26447-2022

I have heard the learned counsel for the petitioner.

In the present case, the above-noted FIR was registered on the

statement of complainant-Darshan Singh, a member of SGPC, who stated

that some mischievous persons had torn the pages of Sikh religious

scripture, and that when he alongwith others approached the spot in his

vehicle, the assailants had also attacked upon him.

Perusal of the record shows that the petitioner was declared a

proclaimed offender on 12.06.2017. The petitioner has challenged the

aforesaid order dated 12.06.2017 before this Court, by way of CRM-M-

24522-2022 wherein notice of motion has been issued for 26.08.2022. No

interim protection, however, has been granted to the petitioner in that

petition. The petitioner has evaded the process of law for about five years.

It has been held by the Hon'ble Supreme Court in Criminal

Appeal No.1209 of 2021, titled as 'Prem Shankar Prasad Vs. State of Bihar

and another', decided on 21.10.2021, that "if an accused is declared a

proclaimed offender in terms of Section 82 Cr.P.C, he is not entitled to the

relief of anticipatory bail. The present case squarely falls within the four

corners of the afore-cited observations and in the light thereof, it is explicit

that the petitioner does not deserve the relief, as prayed for, in this petition.

In view of the above, I do not find any merit in the present

petition.

Dismissed.

04.07.2022                                     (HARNARESH SINGH GILL)
parveen kumar                                          JUDGE

                Whether reasoned/speaking?       Yes/No
                Whether reportable?              Yes/No


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