Crl Misc No. M 27827 of 2008(O&M) ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl Misc No. M 27827 of 2008(O&M) Date of decision : December 14, 2009 Rajinder Singh, ...... Petitioner (s) v. Union Territory of Chandigarh, ...... Respondent(s) *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. Rajiv Kataria, Advocate for the petitioner. Mr. Jasmandeep, Advocate for Mr. Anupam Gupta, Advocate for the respondent. *** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? *** AJAY TEWARI, J (Oral) This is a petition for quashing of the order dated 27.4.2007 (Annexure P-16) whereby the petitioner has been declared proclaimed offender in case FIR No.198, dated 22..2006, under Sections 406/498-A of the IPC registered at Police Station Sector 39, Chandigarh lodged against him by his wife. Counsel for the petitioner has argued that even the FIR discloses that the petitioner is a permanent resident of Nigeria. He further Crl Misc No. M 27827 of 2008(O&M) ::2:: states that after the marriage, the petitioner has never come back to India and, therefore, the impugned order declaring him proclaimed offender is ex- facie illegal. Counsel for the respondent states that a perusal of the record itself reveals that the petitioner had full knowledge of the proceedings and despite the same he never cared to appear before the Court. Counsel for the petitioner states that the petitioner is ready to come to India and surrender before the trial Court on the next date of hearing viz 20.1.2010. His only apprehension is that the petitioner may not be unnecessarily kept in custody. Counsel for the respondent states that he would have no objection if the order declaring the petitioner proclaimed offender is kept in abeyance till such time as he surrenders before the Court of competent jurisdiction. In this view of the matter, this petition is disposed of with a direction that the order (Annexure P-16) be kept in abeyance. The petitioner, as per his undertaking, shall surrender before the Court of competent jurisdiction on or before 20.1.2010. Till then, the arrest of the petitioner shall remain stayed. It is further directed that on the surrender of the petitioner, any application for bail filed by him, be disposed of in accordance with law by the trial Court, as far as possible, on the same day. Counsel for the petitioner has voiced some apprehension that the trial Court may not reject his application for bail merely because of any prejudice or in routine. In my opinion, any such apprehension is baseless. This Court is sure that any application for bail filed by the petitioner, will be decided Crl Misc No. M 27827 of 2008(O&M) ::3:: on merits, and after keeping in view all the material which may be there in favour or against the petitioner. As the main petition has since been disposed of, all the pending civil miscellaneous applications, if any, also stand disposed of. ( AJAY TEWARI ) December 14, 2009. JUDGE `kk'