Gurpreet @ Gaura vs State Of Haryana

Daya Chaudhary, J

CRM No.7638 of 2019

This application has been moved for placing on record Annexure P-6 as well as for exemption from filing certified copy of the same.

Application is allowed as prayed for and Annexure P-6 is taken on record.

CRM-M No.64660 of 2018

This is the second petition filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case FIR No.79 dated 05.03.2017 registered under Sections 148, 149, 307, 323, 427, 506 IPC and Section 25 of the Arms Act at Police Station Pinjore, District Panchkula, Haryana.

Learned counsel for the petitioner submits that earlier the petitioner was released on regular bail and was appearing before the trial Court regularly but he could not appear only on one date i.e. 18.12.2017. Even an application for exemption from personal appearance was moved, which was dismissed and non-bailable warrants were issued against the petitioner. Ultimately, the petitioner was declared proclaimed offender vide order dated 03.07.2018. Learned counsel further submits that no intention was there on the part of the petitioner not to appear before the trial Court but due to reasons beyond his control, he could not appear. Learned counsel also submits that challan has been presented by the Police and the trial will take time to conclude. Co-accused of the petitioner, namely, Tara Chand and Jagpal @ Pali, have been released on interim bail vide orders dated 13.12.2018 passed by this Court in CRM-M Nos.53233 and 53248 of 2018, respectively, and the same are still pending for 11.04.2019. The petitioner is ready to join the Court proceedings and to abide by all terms and conditions to be imposed by this Court or by the trial Court.

Learned State counsel submits that the petitioner is not entitled for anticipatory bail as he has been declared proclaimed offender.

Heard arguments of learned counsel for the parties and have also perused the contents of the FIR and other documents available on the file.

Admittedly, earlier the petitioner was released on regular bail and he could not appear before the trial Court on 18.12.2017. The petitioner has been declared proclaimed offender and he does not deserve concession of anticipatory bail.

Accordingly, the present petition is dismissed.

However, the petitioner is directed to surrender before the trial Court on the next date of hearing i.e. 28.03.2019 and in case, he surrenders before the trial Court, he shall be released on interim bail on his furnishing bail/surety bonds to the satisfaction of the trial Court.