In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-8627 of 2009 ..... Date of decision:30.3.2009 Suresh Kumar .....Petitioner v. State of Haryana .....Respondent .... Present: Mr. Vivek Khatri, Advocate for the petitioner. ..... S.S. Saron, J. Heard learned counsel for the petitioner. The FIR in the case was registered on 29.2.2004. Krishan Kumar, ASI along with other Police officials were present at T-point for patrolling where secret information was received that various persons had stolen wheat from government godown after embezzling it. The wheat was loaded in a canter-vehicle. The information was found reliable and a barricade was set-up on the link road near the turn of Ratta Khera. When the canter-vehicle came, it was signalled to stop, however, the vehicle did not stop which was chased. On this, the petitioner, whose name came to be known afterwards and was sitting on the top of the wheat bags, fired upon ASI Krishan Kumar with his pistol. The bullet passed over the head and ASI Krishan Kumar had a narrow escape. The driver and others were apprehended, however, the petitioner and Kaptan besides two other persons were successful in running away. Search of the vehicle resulted in the recovery of 230 bags of wheat which belonged to Hafed of the year 2003- 04. The other accused were tried by the learned Sessions Judge-II, Jind and Cr. Misc. No.M-8627/2009 [2] have been acquitted vide judgment and order dated 23.7.2007 (Annexure- P.1). The petitioner could not be arrested and he was declared as proclaimed offender. Learned counsel for the petitioner has submitted that the other co-accused have been acquitted besides the Police did not arrest him in this case and neither did he know that he was declared as proclaimed offender. Therefore, the petitioner is entitled to the concession of anticipatory bail. After giving my thoughtful consideration to the matter, I find no merit in the contentions of the learned counsel for the petitioner. The petitioner was sitting on the wheat bags of the canter-vehicle and had fired upon ASI Krishan Kumar with his pistol. The bullet passed over the head of the ASI Krishan Kumar and he had a narrow escape. The other co- accused of the petitioner were arrested, however, they have been acquitted vide judgment and order dated 23.7.2007 (Annexure-P.1). The petitioner has absconded for all these years and now it is stated that he had suddenly come to know that he had been declared as proclaimed offender. Nothing is stated has to how he came to know that he has been declared as proclaimed offender. Merely because other co-accused have been acquitted would not entitle the petitioner to the grant of anticipatory bail especially when he has been absconding since the date of the occurrence on 29.2.2004. In the circumstances, there is no merit in this petition and the same is dismissed. March 30, 2009. (S.S. Saron) Judge *hsp*