Harpal Singh Alias Bhola vs State Of Punjab
2023 Latest Caselaw 5850 P&H

                                                             Neutral Citation No:=2023:PHHC:061597




                                              Neutral Citation No.2023:PHHC:061597

              IN THE HIGH COURT OF PUNJAB & HARYANA
                            AT CHANDIGARH

215                                           CRM-M-6191-2023
                                              Date of Decision:May 01, 2023

Harpal Singh @ Bhola                                ......Petitioner(s)

                                   Vs.

State of Punjab                                     ......Respondent(s)

CORAM:HON'BLE MR.JUSTICE ANOOP CHITKARA

Present:      Ms. G.K. Mann, Sr. Advocate with
              Mr. Anmol Jeevan Singh Gill, Advocate
              for the petitioner.

              Ms. Navreet K. Barnala, AAG, Punjab.

                      ----

ANOOP CHITKARA J. (ORAL)

FIR No. Dated Police Station Sections 16 26.03.2009 Fatehgarh 302, 307, 382, 427, 120-B Churian, District IPC, 148, 149 IPC and Batala section 27/27 of Arms Act.

The petitioner apprehending arrest in the FIR captioned above has come

up before this Court under Section 438 CrPC seeking anticipatory bail.

2. Counsel for the petitioner submits that all the other accused has already

been acquitted in the present case, and prayed for grant of bail.

3. Short reply dated 01.05.2023 has been filed in the Court today and the

same is taken on record. A perusal thereof reveals that during the pendency of the

petition before trial Court, an application for arraigning the petitioner as an additional

accused u/s 319 Cr.P.C. was filed and the same was allowed. He was ordered to be

summoned to face trial. Despite the efforts, the accused could not be apprehended,

which led to declare him as proclaimed offender.

4. Counsel for the State opposes the maintainability of the present petition

on the ground that parameters of anticipatory bail are different and bail should not be

granted to proclaimed offender.

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5. Faced with this, counsel for the petitioner wants to withdraw the present

bail petition with the liberty to file fresh one under Section 439 Cr.P.C. with

permission to surrender and seek interim bail in the said application in the terms of

judgment passed in Sandeep Kumar Bafna Vs. State of Maharashtra and another,

2014(16) SCC 623.

6. The prayer is innocuous.

7. Given above, the present petition is disposed of as having been

withdrawn with the liberty aforementioned. It is clarified that registry shall not raise

any objection qua surrender of accused. In case the petitioner files fresh petition for

bail, he shall annex the reply filed by the State today itself to avoid to repeat the

process. All pending application(s), if any, stand disposed of.

                                                           (ANOOP CHITKARA)
                                                               JUDGE
May 01, 2023
sonia arora


             Whether speaking/reasoned:               Yes/No
             Whether reportable:                      No

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