Cr.Misc. m 14945 OF 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH. Cr.Misc. m 14945 OF 2010 Date of decision: 21.7.2010 Baljinder singh Petitioner vs. State of Punjab Respondent Present: Mr. Naresh Jain, Advocate. Mr. Abhishek Chautala, AAG, Pb. M.M.S.BEDI,J. The petitioner along with one another person was allegedly intercepted by the police on 23./3.2005 when he escaped from the spot while his co-accused was arrested from the spot. The petitioner was declared a proclaimed offender in the year 2007. He has filed this petition for pre-arrest bail contending that his identity and he being in possession of 25 kgs of poppy husk, which was allegedly recovered from his accomplice, is disputed. The petitioner has appeared before the investigating officer pursuant to the interim order passed by this court. Generally a proclaimed offender is not to be granted any concession u/s 438 Cr.P.C. but in the peculiar circumstances of this case, where the petitioner was not found in actual physical possession of contraband at the time of recovery and he having not been identified by any one till date; he having already joined the investigation, can be granted the concession of pre-arrest bail. It is also not out of place to mention here that the trial of the co-accused of the petitioner is also at initial stage when no prosecution witness stands examined. Cr.Misc. m 14945 OF 2010 2 Taking into consideration the totality of the above said circumstances, the petition is allowed and it is ordered that the petitioner will be released on bail on his appearance before the investigating officer or before the trial court. It will be open to the investigating agency to present a supplementary challan against the petitioner and put him on trial along with his co-accused. It is ordered that the petitioner will be required to furnish bail bond for a sum of Rs.20,000/- with one surety of the like amount at the time he appears before the Special Judge for trial. The above said concession has been granted to the petitioner subject to the condition that he will not absent himself without any sufficient cause. July ,2010 ( M.M.S.BEDI ) TSM JUDGE