Sukhwinder Singh vs State of Punjab

Nirmaljit Kaur, J.—This is a petition u/s 439 of Code of Criminal procedure for grant of regular bail to the Petitioner in case FIR No. 77 dated 17.05.2006 under Sections 382/34 IPC registered at Police Station Zira, District Ferozepur.

This is a second bail application. The earlier bail application was dismissed as withdrawn on 29.06.2010. The present petition has been filed on the ground that the co-accused of the Petitioner was released on bail vide order dated 25.08.2010. It is further stated that the case of the Petitioner is similarly situated as that of co-accused as both were declared proclaimed offenders. A perusal of the order dated 25.08.2010 passed by Additional Sessions Judge, Ferozepur shows that the co-accused was wrongly declared as proclaimed offender, as earlier, his complete address 2 and the name of his father was not given and he could not be served. Subsequently, supplementary challan was presented after he was served on his fresh address, whereas, the present Petitioner did not appeared despite his service through proclamation u/s 82 Code of Criminal procedure, as well as, after issuance of non-bailable warrants of arrest. He was declared proclaimed offender on 15.02.2007 and was ultimately arrested on 12.01.2010.

Serious allegations have been levelled in the FIR. Accordingly, no ground for bail is made out.

Thus the contention that the co-accused of the Petitioner was granted bail does not help the Petitioner in the facts of the present case as the present Petitioner was declared ''proclaimed offender.''

Accordingly, no ground for bail is made out.

Dismissed.