Crl. Misc. No. M-20519 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-20519 of 2010 Date of Decision: July 20, 2010 Pushpal Kapoor …..Petitioner Vs. State of Punjab and another …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.Vishal Sharma, Advocate for the petitioner. -.- M.M.S. BEDI, J. (ORAL) A perusal of the order passed by the Additional Sessions Judge, Ludhiana, dated July 12, 2010 indicates that the application for bail under Section 439 Cr.P.C. has been dismissed as a penalty measure observing that the petitioner had been declared a proclaimed offender on June 9, 2010 and thereafter he had been arrested on July 5, 2010 which, as per the observation of the Court, is indicative of the fact that the petitioner had been intentionally avoiding his service resulting in his declaration as proclaimed Crl. Misc. No. M-20519 of 2010 [2] offender. The said observation is patently contrary to the basic principle of criminal law that a person will be deemed to be innocent till held guilty. The period of detention already suffered by the petitioner in a bailable offence, seems to be sufficient enough to have a deterrent affect upon him not to avoid the process of law in future. The petition is allowed. It is ordered that the petitioner will be released on bail on his furnishing bail bonds for a sum of Rs.20000/- with one surety of the like amount to the satisfaction of the trial Court subject to a condition that he will continue to appear before the trial Court and will not absent himself during the entire period of trial. It will be open to the trial Court to take up the further proceedings in accordance with law after issuing notice to the complainant. July 20, 2010 (M.M.S.BEDI) sanjay JUDGE