IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M-3489 of 2010 Date of decision : 9.2.2010 Sandeep @ Bata …. Petitioner Versus State of Haryana …. Respondent Present : Mr. Vikram Singh, Advocate for the petitioner. Mr. Pawan Singh, AAG, Haryana. Mr. C.S. Sharma, Advocate for the complainant. *** S.S. SARON, J. Heard counsel for the parties. The petitioner prays for grant of pre-arrest bail in a case registered against him on 28.3.2006 for the offences under Sections 323, 380, 324, 427, 452, 506/34 Indian Penal Code (“IPC” – for short). During the trial of the case the petitioner was appearing before the trial Court upto 15.2.2007. He then filed an application for exemption from personal appearance in the Court and the same was dismissed. The petitioner despite the dismissal of the application seeking exemption from appearance went abroad on a Sports Visa. Thereafter, he went to Italy where he lost his passport in transit. He was declared a proclaimed offender on 6.4.2009. Learned counsel for the petitioner submits that the co- accused of the petitioner have been acquitted by the learned trial CRM No. M-3489 of 2010 [2] Court vide order dated 14.10.2009 (Annexure P1). Besides, the complainants have deposed affidavits dated 28.1.2010 (Annexure P2 and P3) wherein the matter has been compromised. Therefore, it is submitted that the petitioner may be granted pre-arrest bail. After giving my thoughtful consideration to the matter, it may be noticed that the conduct of the petitioner has been such that despite the dismissal of the application seeking personal exemption for appearance in the Court, he went abroad and has been absconding since 15.2.2007 i.e. for the last about three years. Therefore, he is not entitled for any concession for the deliberate default committed by running away from the process of Court. However, it is equally true that the co-accused of the petitioner have been acquitted; besides, the matter has been compromised with the complainant. In the circumstances, the petition is dismissed. However, in case the petitioner surrenders before the Court within a week from the receipt of copy of the order, his application for regular bail shall be considered by the learned trial Court on the same day that he surrenders provided that an advance copy and notice is given by the petitioner to the learned public prosecutor for the State. (S.S. SARON) JUDGE February 09, 2010 amit