Crl.M.No. M-33856/2010(O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.M.No. M-33856/2010(O&M) Date of decision:18.11.2010. Avtar Singh ....................Petitioner v. State of Punjab and others .....................Respondents Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.Naresh Kaushik,Advocate for the petitioner. Jaswant Singh.J.(Oral) Crl.M.No. 60160/ 2010 seeking exemption to file certified copies of Annexures is allowed. Crl.M.No.M- 33856/ 2010 The present petition under Section 438 read with Section 482 Cr.PC has been filed on behalf of petitioner-Avtar Singh for grant of anticipatory bail in a criminal complaint no. RBT 74/2/99 dated 21.10.1999 titled as “State (PUDA) v. Amarjit Singh and others, in view of order dated 17.8.2009 declaring him a P.O. As per allegations in the criminal complaint filed by PUDA, the co-accused Amrik Singh alongwith two co-accused (including the petitioner) had violated the provisions of Punjab Apartment and Property Regulation Act,1995 by selling plots for Crl.M.No. M-33856/2010(O&M) 2 residential purposes without seeking a licence under the Act. It is averred that during the trial in the criminal complaint the petitioner alongwith his co-accused were convicted. The appeal filed before the learned Sessions Judge was allowed and the matter was remanded for retrial. Against the order of remand passed by the learned Sessions Judge, one of the co-accused had approached this Court by filing a revision petition wherein the order of learned Sessions Judge directing retrial had been stayed. It is further submitted that during the period of stay the petitioner had gone abroad. It is further submitted that on 10.2.2009 the said revision petition was dismissed by this Court and the trial thereafter has commenced. It is stated that the petitioner by that time was residing in Canada and his co-accused had known this fact and was also brought to the notice of the trial court, however, the petitioner was not aware of the commencement of the retrial. Learned counsel submits that the order dated 17.8.2009 passed by learned JMIC, whereby the petitioner has been declared a P.O., is illegal as the same is not in conformity with the provisions of Section 82 Cr.PC. He further submits that without pressing for quashment of the order the petitioner prays for permission to join the proceedings of the trial and accordingly prayer is for grant of pre-arrest bail in order to join the process of Court. It is further submitted that all the allegations levelled in the complaint are bailable. After hearing the learned counsel for the petitioner and without going into the legality of the order dated 17.8.2009 (P1) and Crl.M.No. M-33856/2010(O&M) 3 keeping in view the fact that prima facie the petitioner appeas to be in Canada, when the order declaring him Proclaimed Offender was passed, I deem it expedient and in the interest of justice to permit the petitioner to join the proceedings. Accordingly, the present petition is disposed of with a direction that in case the petitioner surrenders before the trial Court within 30 days from today, he shall be released on bail subject to the satisfaction of the trial court. This, however, is subject to payment of Rs.10,000/- as costs to be deposited by the petitioner with State Legal Services Authority,Punjab. Disposed of in the above terms. 18.11.2010 (Jaswant Singh) joshi Judge