Criminal Misc. No. M-5743 of 2009(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No. M-5743 of 2009(O&M) Date of Decision:2.03.2009 Malwinder Singh @ Mali .....Petitioner Vs. State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. Pardeep Goyal, Advocate for the petitioner. **** JUDGMENT HARBANS LAL, J. This petition has been moved by Malwinder Singh @ Mali under Section 439 of the Code of Criminal Procedure seeking regular bail in case FIR No.108 dated 2.8.2007 registered under Section 18 of The Narcotic Drugs and Psychotropic Substance Act, 1985 at Police Station, City Sunam. The facts in brief of the prosecution case are that as much as 6 kg. of opium was recovered from the motor-cycle which was driven by Kulwant Singh and the riders were one Chamkaur Singh and the petitioner on 2.8.2007. I have heard the learned counsel for the petitioner. Mr. Pardeep Goyal, Advocate appearing on behalf of the petitioner urged with great eloquence that the petitioner was not captured at the spot and that furthermore his co-accused have been acquitted by the Court of Mr. Darshan Singh Malwai, Special Court, Sangrur vide his Criminal Misc. No. M-5743 of 2009(O&M) -2- judgment dated 24.3.2008 and in these premises, the petitioner may be admitted to bail. I regret my inability to be one with Mr. Goyal. First of all, the petitioner as alleged had escaped from the spot. Secondly, he has been declared as proclaimed offender. Obviously, he has sought bail under the garb of acquittal of his co-accused. It is possible that he kept on waiting for the result of trial being faced by his co-accused. When they were acquitted, he felt tempted to move this petition. In order to curb the tendency on the part of criminals not to attend the Court in response to proclamation published under Section-Section (1) or further proclamation issued under Sub-Section (4) of Section 82 of the Code of Criminal Procedure declaring the accused as “Proclaimed Offender”, a new Section 174-A of IPC is added. The proclaimed offenders in fact create obstruction in the proceedings of the trial. It would be going too far to bestow leniency upon such offenders by granting bail. Thus, prima-facie no case is made out for admitting bail to the petitioner. Sequelly, this petition is dismissed. March 02, 2009 ( HARBANS LAL ) renu JUDGE Whether to be referred to the Reporter? Yes/No