Amarjit Singh vs State of Punjab

Kanwaljit Singh Ahluwalia, J.—Present petition has been filed u/s 438 Code of Criminal Procedure seeking pre-arrest bail in case FIR No. 21 dated 8th June, 2008 registered at Police Station Kotli Surat Malhi under Sections 436, 423, 424, 148 and 149 IPC.

Occurrence, in the present case, had taken place on 19th May, 2008. A period of about two-and-a-half years has elapsed, Petitioner has not yet been arrested. It will be necessary to notice the brief history of various petitions filed by the Petitioner earlier, seeking the same relief.

The Petitioner earlier filed Criminal Misc. No. M-15686 of 2008 in this Court, which was dismissed on July 30, 2008. Thereafter, he filed Criminal Misc. No. M-14026 of 2009 and the same was also dismissed on May 30, 2009, however, the Petitioner was granted liberty to surrender himself before the trial Court. The factum of compromise was noticed in the order passed on May 30, 2009 in Criminal Misc. No. M-14026 of 2009.

Now, the present petition has been filed with a prayer that on the basis of compromise, witnesses have resiled against the co-accused and they have been acquitted vide judgment (Annexure P-3) dated 1st April, 2010.

This Court cannot become oblivious of the fact that the Petitioner is away from the arms of law for about two years and six months. He has been declared as a Proclaimed Offender. Therefore, in case the Petitioner surrenders himself and brings the factum of compromise and acquittal of co-accused into the notice of the Court, entertaining regular bail application of the Petitioner, this Court has no doubt that due consideration to these facts shall be given by the Court considering the regular bail application.

Dismissed.