Criminal Misc. No. M-31894 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-31894 of 2010 Date of decision : 29.11.2010 Parveen Kumar ....Petitioner V/s State of Haryana ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Deepak Bhardwaj, Advocate for the petitioner. Ms. Shalini Atri, DAG Haryana. RAJAN GUPTA J. (ORAL) This is a petition filed under Section 439 of the Code of Criminal Procedure seeking regular bail in a case registered against the petitioner vide FIR No. 461 dated 16.11.2008 under Sections 302, 307, 148, 149 & 120-B IPC and 25, 54 & 59 of Arms Act at Police Station City Hansi, District Hissar wherein petitioner figures as one of the accused. Learned counsel for the petitioner has argued that petitioner is not named in the FIR and only allegation against him is that his gun was used by one of the accused namely Gopi. He further submits that number of co-accused have already been granted the concession of bail. Learned State counsel has opposed the prayer for bail on the ground that petitioner was earlier declared a proclaimed offender and could not be arrested for a considerable period leading to avoidable delay in Criminal Misc. No. M-31894 of 2010 2 conducting the trial. She, however, does not dispute the fact that some co- accused have already been enlarged on bail. Heard. It appears that petitioner has been in custody since 25.02.2010 and material prosecution witnesses have already been examined. Under the circumstances, I am of the considered view that petitioner deserves to be enlarged on bail. However, keeping in view the fact that petitioner was earlier declared a proclaimed offender, the trial court shall be at liberty to impose such conditions on the petitioner which it may deem fit in the circumstances of the case, apart from heavy surety. Accordingly, the petition is allowed and petitioner is ordered to be enlarged on bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Hisar subject to aforesaid. November 29, 2010 (RAJAN GUPTA) Ajay JUDGE