Crl. Misc. No. M- 12823 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 12823 of 2010 (O&M) Date of Decision: August 18, 2010 Amandeep Singh @ Pinky ........Petitioner Versus State of Punjab and another ........Respondents ****** CORAM : HON'BLE MRS. JUSTICE SABINA Present: Mr. D.S. Brar, Advocate for Mr. Gautam Dutt, Advocate for the petitioner. Mr. Amandeep Singh Rai, AAG, Punjab. Mr. Vikas Bahl, Advocate, for the complainant. SABINA, J. Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in Case/Criminal complaint No.RBT: 80/9.9.05/30.5.07 dated 07.09.2005 titled Harbhajan Singh Vs. Nirmal Singh & others under Sections 323,321,326,148/149 of Indian Penal Code pending in the Court of Mrs. Nitika Verma, PCS, Judicial Magistrate 1st Class, Hoshiarpur. At the time of issuance of notice of motion on 4.5.2010, the following order was passed by this Court :- "This petition has been filed under Section 438 Cr.P.C. for bail to the petitioner in a complaint case. Learned counsel has pointed out that FIR Crl. Misc. No. M- 12823 of 2010 (O&M) 2 bearing No.59 dated 07.04.2004 was registered against the petitioner under Sections 323/324/326/148/149 IPC, P.S. Hariana, District Hoshiarpur. Learned counsel has further pointed out that after investigation, no incriminating material could be found against the petitioner. A cancellation report was filed on 16.12.2004. The petitioner left for Australia on 25.03.2007. The complainant-respondent no.2, however, filed a complaint at issue wherein the petitioner has been summoned vide order dated 04.07.2007. It has further been pointed out that the complainant although knew that the petitioner was in Australia, however, proceedings for declaring the petitioner as proclaimed offender were pursued. Be that as it may, the petitioner came back on 01.01.2010 whereupon he came to know that he had been declared a proclaimed offender vide order dated 13.03.2009. Learned counsel has tried to set up case that the petitioner had bona fide intentions and had left for Australia only after cancellation of the FIR had been filed. Notice of motion for 18.08.2010. In the meantime, it is directed that the petitioner shall put in appearance before the Trial Court within 15 days from today. The petitioner shall not be taken in custody and shall be released on interim bail.” Crl. Misc. No. M- 12823 of 2010 (O&M) 3 Learned counsel for the petitioner has submitted that in terms of the above order the petitioner has surrendered before the trial Court and has furnished interim bail. Accordingly, the interim bail furnished by the petitioner before the trial Court in terms of order dated 4.5.2010 is made absolute with a further condition that the petitioner shall surrender his passport before the trial Court within one week from today, failing which this petition shall stand dismissed. The petition stands disposed of accordingly. (SABINA) August 18, 2010 JUDGE Anand