Hardev Singh @ Debu vs State of Punjab

Alok Singh, J.—Learned Counsel for the Petitioner states that the Petitioner shall surrender he-fore the Magistrate concerned on 03.02.2011, in case FIR No. 87, dated 16.07.2009, under Sections 323, 324, 148, 149 IPC, registered at Police Station Sadar, Tarn Taran and shall move application seeking regular bail therein. Learned Counsel has fur-ther stated that although offences are bailable, however, his bail application shall not be heard on the same day because the Petitioner has been declared proclaimed offender. Learned Counsel further states that direction be issued to the learned Magistrate to decide the bail application on the same day since offences are bailable. The apprehension of the learned Counsel for the Petitioner is that when accused is declared proclaimed offender even in bailable offences, the general trend of the Court is to send him to jail for 2-3 days and thereafter to hear the bail application in bailable offences. Learned Counsel for the Petitioner seeks permission to withdraw this petition.

Present petition is dismissed as withdraw. However, the Petitioner is directed to surrender before the Magistrate concerned on 03.02.1011. The apprehension of the Petitioner is misconceived. If an accused is declared proclaimed offender in an offence which is bailable in nature, then ordinarily he should not be sent to jail if he is ready to furnish bail bond and surety bond as per the directions of the Trial Court in a bailable offence. In the event of moving bail application, the same shall be decided by the Court concerned in accordance with law, without undue delay.