Jagjit Singh vs State Of Punjab
2024 Latest Caselaw 1638 P&H

Punjab-Haryana High Court

Jagjit Singh vs State Of Punjab on 24 January, 2024

Author: Gurvinder Singh Gill

Bench: Gurvinder Singh Gill

                                                                               2024:PHHC:009431

                               In The High Court for the States of Punjab and Haryana
                                             At Chandigarh

                                                          CRM-M-3939-2024 (O&M)
                                                          Date of Decision:- 24.01.2024

                 Jagjit Singh                                                ... Petitioner

                                                    Versus

                 State of Punjab                                            ... Respondent

                 CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

                 Present:-        Mr. Arshdeep Singh Brar, Advocate, for the petitioner.

                                  *****

                 GURVINDER SINGH GILL, J. (Oral)

1. The petitioner assails order dated 31.7.2014 vide which the petitioner was

declared a 'proclaimed offender' in respect of FIR No.307, dated

17.10.2008, Police Station Baghapurana, District Moga, under Section 25 of

Arms Act.

2. Learned counsel for the petitioner submits that the aforesaid FIR registered

under the Arms Act with respect to alleged recovery of a country made pistol

when the petitioner was apprehended in connection with FIR No.298, dated

10.10.2008, Police Station Baghapurana, under Sections 382, 365, 34 IPC.

Learned counsel submits that the petitioner had been regularly appearing in

the trial arising out of FIR No.298 wherein he was ultimately acquitted vide

judgment dated 31.8.2016. It has further been submitted that the petitioner

somehow was never aware that a separate FIR has been lodged with respect

to the recovery of pistol. It has further been submitted that although the

impugned order was passed in the year 2014, but interestingly it is only in

the year 2016 that he was acquitted with respect to the other FIR and it is

highly unlikely that the police would not have known about his whereabouts

CRM-M-3939-2024 (O&M) -2- 2024:PHHC:009431

although he was regularly attending the Court during this period. Learned

counsel however, submits that at this stage he is willing to surrender before

the trial Court and move an application for grant of bail and would be

satisfied in case some direction is issued to the trial Court to dispose of his

bail application expeditiously.

3. In view of the aforesaid submission, the present petition is disposed of as

withdrawn with liberty to the petitioner to surrender before the trial Court

and move an application for grant of regular bail.

4. In case, the petitioner surrenders before the trial Court within a period of two

weeks from today and moves application seeking grant of regular bail, the

learned trial Court shall consider the same in accordance with law and while

taking into account all the relevant facts including the facts as noted above

and dispose of the same expeditiously.

                 24.01.2024                                       (GURVINDER SINGH GILL)
                 mohan                                                    JUDGE



                               Whether speaking /reasoned         Yes / No

                               Whether Reportable                 Yes / No