Dharam Pal @ Pamma vs State of Punjab

Rajesh Bindal, J.—Prayer in the present petition is for grant of pre-arrest bail to the petitioner, who is an accused in FIR No. 72 dated 2.6.1999, registered under Sections 379, 411, 420 and 485 IPC, Police Station, Phillaur, District Jalandhar.

On account of non-appearance in the court below, the petitioner was declared proclaimed offender on 25.9.2009. Learned counsel for the petitioner submitted that the FIR in question was registered on 2.6.1999. The petitioner was arrested and suffered imprisonment for a period of more than three years during trial. The prosecution was not leading evidence and in fact, the same had been closed by the court by order on 6.10.2008.

On the other hand, learned counsel for the State submitted that the petitioner is involved in four other cases. In one of the cases, namely, FIR No. 34 dated 4.3.1999, under Sections 406/420 IPC, Police Station, Phillaur, the petitioner has been declared proclaimed offender.

After hearing learned counsel for the parties and considering the fact that in the present case, the petitioner has already suffered imprisonment during trial for a period of more than 3 years and the case is triable by the Magistrate, in my opinion, the petitioner deserves the concession of pre-arrest bail. Let the petitioner appear before the court below on or before 30.8.2011 and submit his fresh bail bonds.

Considering the fact that the FIR in question pertains to the year 1999 and as stated by learned counsel for the petitioner that prosecution evidence has been closed by order of the court, the trial court is directed to conclude the trial on or before 31.10.2011.

The petition stands disposed of.