Crl. Misc. No.29829 of 2009 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-29829 of 2009 Date of decision: January 27, 2011. Gurmeet Singh ...Petitioner v. State of Haryana ...Respondent(s) CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Shri Hitesh Verma, Advocate, for the petitioner. Shri Sandeep S. Mann, Sr. Deputy Advocate General, Haryana for the respondent-State. Kanwaljit Singh Ahluwalia , J. (Oral): The petitioner was arrayed as an accused in case FIR No.64 dated 3.4.2002, registered at Police Station Sadar Tohana under Sections 302, 384 read with Section 34 IPC. It is not disputed that in this case, the petitioner was declared as a proclaimed offender and a Coordinate Bench in Crl. Misc. No.M-26064 of 2009 had released the petitioner on interim bail vide order dated 23.9.2009. Counsel for the petitioner further submits that the interim bail granted in the case has been made absolute by the Coordinate Bench and the petitioner is already facing trial. Counsel further submits that three of the co-accused have been acquitted in the murder case as no incriminating evidence was led by the prosecution. It is further contended that the petitioner was abroad, therefore, he was declared a proclaimed offender in his absence. In the Crl. Misc. No.29829 of 2009 -: 2 :- present FIR, only allegation against the petitioner is that since he has been declared a proclaimed offender, he has committed offence under Section 174-A IPC. A Coordinate Bench while issuing notice of motion on November 3, 2009 had stayed the arrest of the petitioner and contention of the petitioner has been noticed, that under Article 20(1) of the Constitution of India, the petitioner cannot be held liable for criminal offence with retrospective effect as Section 174-A IPC was subsequent to declaration of the petitioner as a proclaimed offender. Since the petitioner is regularly appearing before the trial court in terms of the order dated November 3, 2009 and the impugned FIR is proceeding, the interim order dated November 3, 2009 is made absolute. The petition is disposed of. [Kanwaljit Singh Ahluwalia] January 27, 2011. Judge kadyan