PUNJAB AND HARYANA HIGH COURT
Crl. Misc. No. M-1249 of 2011 (O&M). D/d. 20.1.2011
Hardev Singh @ Debu - Petitioner
State of Punjab - Respondent
For the Petitioner :- Mr. Sandeep Singh Deol, Advocate.
Indian Penal Code, 1860, Sections 323 and 324 - Criminal Procedure Code, 1973, Section 438 - Accused declared proclaimed offender in an offence under Sections 323 and 324 IPC (Bailable offences) - Accused seeking anticipatory bail as the accused had apprehension of being sent to Jail before his bail application was considered - Accused directed to surrender before magistrate - Held, the apprehension of accused in misconceived - When accused declared PO in bailable offence, then ordinarily he should not be sent to jail if he furnish bail bond and surety bond - Petition dismissed as with drawn. [Paras 1 and 2]
Alok Singh, J. (Oral) - Learned counsel for the petitioner states that the petitioner shall surrender before 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 further 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.
2. 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.