IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-24342 of 2011 (O&M) Date of decision : 11.8.2011 Taminder Pal Singh ....Petitioner Versus State of Punjab ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present: Mr.P.K.Gupta, Advocate for the petitioner. ..... MAHESH GROVER, J. This is a petition under Section 482 of the Code of Criminal Procedure praying for setting aside the order dated 14.2.2005 by which the petitioner has been declared a proclaimed offender. The petitioner was convicted in a case which was registered vide FIR No.13 dated 10.3.2000 under Sections 302, 148 149 IPC, registered at Police Station Mahilpur, Distt. Hoshiarpur. He was sentenced to undergo life imprisonment and to pay a fine of Rs.1,000/-. Aggrieved by the said sentence and conviction awarded by the learned Addl. Sessions Judge, Hoshiarpur he filed Crl. Appeal No.895-DB of 2002 in which he has been acquitted on 29.8.2008. During the period of his incarceration he availed the benefit of parole and was required to surrender before the jail Crl.Misc.No.M-24342 of 2011 (O&M) -2- authorities on 18.9.2003. The petitioner, however, did not surrender and went to Gwalior. According to him, it is after his acquittal that he came to know on his return to his village that he is wanted in another FIR No.197 dated 21.10.2003 recorded in P.S.City Hoshiarpur for having violated Section 9 of the Punjab Good conduct Prisoners (Temporary Release) Act, 1962. He has since been declared a proclaimed offender vide orders passed by the learned Addl. Chief Judicial Magistrate, Hoshiarpur dated 14.2.2005. The challan has since been presented but the file was consigned as the petitioner was a proclaimed offender and had failed to appear. The prayer made in the petition is that FIR No.197 dated 21.10.2003 be quashed. Learned counsel for the petitioner contended that the petitioner was laboring under the impression that he has been released on bail and thus was not conscious that he was on parole. He has placed reliance on the order of this Court passed on 28.7.2011 in Crl.Misc.No.M-22745 of 2011 vide which this court had granted an indulgence to a person who was a proclaimed offender, and directed him to surrender before the competent Court and also gave direction that in such an eventuality the Court of competent jurisdiction shall consider and decide the bail application within a period of two days. I have considered the material on record as also the contentions that have been raised before this Court. The Court is, however, not convinced with the bona fides of the petitioner. Even though he stands acquitted, the question is that he has blatantly misused the concession granted to him under the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 when he was Crl.Misc.No.M-24342 of 2011 (O&M) -3- released on emergency parole. The Court is also concerned with the fact that it is not the solitary case but a case where such abuse is rampant. It is thus imperative that such offenders and violators of the indulgence granted by law are not permitted to violate it on the plea of ignorance and innocence. The petitioner became a fugitive of law in the year 2003 itself and obviously he had fled and has surfaced now when he has been awarded an acquittal by the courts of law. The Court is convinced that such lapses cannot be condoned as it amounts to legitimising the conduct of a violator of law. However, if he surrenders within one month, the court may consider his prayer for bail, in accordance with law and dispose of such an application as expeditiously as possible preferably within three days. Dismissed. 11.8.2011 (MAHESH GROVER) JUDGE dss