Punjab-Haryana High Court
Punjab Singh vs State Of Punjab on 5 March, 2024
Neutral Citation No:=2024:PHHC:031284
2024:PHHC:031284
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
101
CRM-M-11618-2024
Date of decision: 05.03.2024
Punjab Singh ....Petitioner
Versus
State of Punjab ....Respondents
CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR
Present: Mr. Malkiat S. Hundal, Advocate for the petitioner.
Mr. Rajesh Sehgal, Addl. A.G., Punjab.
NAMIT KUMAR J. (Oral)
1. The petitioner has filed the present petition under Section
438 of Cr.P.C. seeking concession of anticipatory bail in case FIR
No.114 dated 14.03.2018 under Sections 307/326/323/341/148/149 of
the Indian Penal Code, 1860 registered at Police Station Civil Lines,
Amritsar.
2. The earlier anticipatory bail petition bearing No.CRM-M-
55333-2022, filed by the petitioner was dismissed by this Court vide
judgment dated 24.04.2023 (Annexure P-5) by passing a detailed order.
Now, the instant (second) petition has been filed by the petitioner on the
ground that other three co-accused namely Vijay Hans, Ajay Kumar and
Vishnu have been granted regular bail by this court vide orders dated
18.12.2023 and 24.01.2024.
3. During the course of hearing, learned State counsel has
produced copy of the order dated 28.09.2023 passed by learned Chief
Judicial Magistrate, Amritsar, whereby the petitioner along with his
co-accused namely Goldy have been declared as proclaimed persons.
However, the said fact has not been disclosed in the present petition.
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Neutral Citation No:=2024:PHHC:031284
2024:PHHC:031284
4. I have heard learned counsel for the parties and perused the
relevant documents.
5. Since the petitioner has already been declared as
proclaimed person, he is not entitled for concession of anticipatory bail.
Hon'ble Supreme Court in its judgment passed in State of M.P. Vs.
Pradeep Sharma : 2014 (1) RCR (Criminal) 269 has held that when a
person against whom a warrant had been issued and is absconding or
concealing himself in order to avoid execution of warrant and declared
as a proclaimed offender in terms of Section 82 of the Cr.P.C, he is not
entitled to the relief of anticipatory bail.
6. Moreover, the petitioner has not only been declared as
proclaimed person, he has also concealed the said fact as in para 9 of the
instant petition it has been stated that the petitioner has not been
declared PO by any court of law. It is a well-settled proposition of law
that a person who does not approach the Court with clean hands is not
even entitled to be heard on the merits of the case. Reference in this
regard can be made to the judgments of the Hon'ble Supreme Court in
Dalip Singh Vs. State of U.P. and others : (2010) 2 SCC 114 and Amar
Singh Vs. Union of India and others : 2011(7) SCC 69.
7. In view of the above, the instant petition is dismissed with
costs of Rs.25,000/-, to be deposited with the Punjab and Haryana High
Court Lawyers Welfare Fund within a period of 01 month.
(NAMIT KUMAR)
05.03.2024 JUDGE
kothiyal
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
Neutral Citation No:=2024:PHHC:031284
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