Rajinder Singh and another vs State of Punjab

M.M.S. Bedi, J.—Petitioners seek the concession of pre-arrest bail in a case registered in the year 2008 claiming that though the petitioners had been granted the concession of pre-arrest bail till appearance before the Court on presentation of challan but on account of no notice having been received regarding presentation of challan, petitioners could not appear before the Court concerned.

Heard.

It appears that the petitioners alongwith two others i.e. Pargat and Harman Singh were booked in the criminal case of assault. On asking of the Court, counsel for the petitioners has submitted that the co-accused of the petitioners are facing trial but charges have not yet been framed.

It is not believable that the petitioners, after having obtained orders of pre-arrest bail were not aware of the proceedings after presentation of challan whereas their co-accused have been appearing before the trial Court. Petitioners are ready to appear before the trial Court and face trial. It has also been brought to the notice of the Court that the matter has been compromised. A copy of the compromise dated September 10, 2011 has been placed on record. It has also been informed that a petition for quashing of FIR on the basis of compromise has been filed by the petitioners and their co-accused.

Taking into consideration all the facts mentioned above, this Court is of the opinion that it is not expected that on one side the petitioners are entering into compromise alongwith their co-accused with the complainant in the month of September 2011 and their co-accused are facing trial and the petitioners are ignorant about their fate before the trial Court.

Without entering into the controversy whether there are reasonable grounds for non-appearance before the trial Court after having obtained the relief of pre-arrest bail, I deem it appropriate in the interest of justice to give an opportunity to the petitioners to join the stream of due process of law and simultaneously providing them protection on account of

matter having been compromised.

Notice of motion to Advocate General, Punjab.

On the asking of the Court, Mr.P.S. Bajwa, DAG, Punjab, accepts notice. Copy given.

This petition is disposed of with a direction that the petitioners will appear before the Illaqa Magistrate on December 16, 2011. Illaqa Magistrate will issue notice to the State through the concerned SHO of the area for December 17, 2011 and release the petitioners on bail on December 17, 2011 on their furnishing bail bonds/ surety bonds for a sum of Rs. 5000/-each with one surety of the like amount. In case for some reason the petitioners are not able to appear before the trial Magistrate on December 16, 2011 or for some reason the Presiding Officer is not available, the same exercise can be done on December 23, 2011. The petitioners will appear before the Illaqa Magistrate on December 23, 2011. On issuing notice to the State for December 24, 2011, the said Court will grant bail to the petitioners on December 24, 2011.