Crl. Misc. No. M- 32852 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 32852 of 2011 (O&M) Date of decision: November 30, 2011 Balkar Singh @ Balkara ...Petitioner Versus State of Punjab ...Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. IPS Kohli, Advocate, for for the petitioner. Mr. Anter Singh Brar, Sr. DAG, Punjab. GURDEV SINGH, J. Heard. The petitioner-Balkar Singh @ Balkara son of Dilawar Singh, has filed the present petition under Section 439 of the Criminal Procedure Code for grant of bail in FIR No. 12 dated 13.4.2009 registered at Police Station Special Narcotic Cell, Amritsar, under Sections 489 (A) (B) & (C) IPC, for which he is standing his trial before the Additional Sessions Judge, Ferozepur. The accusation against him is that he was found in possession of counterfeit currency. In fact, he was arrested alongwith his co-accused— Prem Singh, and similar accusation was made against him. However, after trial, that accused had already been acquitted, vide judgment dated 27.10.2010. The trial court had framed charge against the present petitioner Crl. Misc. No. M- 32852 of 2011 2 for the offence under Section 489-C IPC, which is bailable offence. However, he lost the concession of that bail having absented himself during the trial, after he was so released on bail. He was declared proclaimed offender on 4.3.2010. He was re-arrested and is coming in custody since 18.6.2011. It will be too harsh in case the benefit of bail is disallowed to the petitioner for a bailable offence, merely on the ground that he was declared proclaimed offender, keeping in view that similarly situated co- accused, after regular trial, has already been acquitted. Keeping in view all the circumstances and without expressing any opinion on the merit of the case, this petition is allowed. The petitioner shall be admitted to bail to the satisfaction of the trial court, subject to the following conditions:- (i) He shall not offer any threat, promise or inducement to any person acquainted with the facts of the case so as to dissuade him from disclosing the same to the Investigating Officer/Court; and (ii) He shall not leave the limits of this country without prior permission of the Court. The petition is disposed of accordingly. November 30, 2011 (GURDEV SINGH ) prem JUDGE