Criminal Misc. No. M-3391 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No. M-3391 of 2009 (O&M) Date of Decision:06.02.2009 Gurpreet Singh .....Petitioner Vs. State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. Narinder Lucky, Advocate for the petitioner. **** JUDGMENT HARBANS LAL, J. This petition has been moved by Gurpreet Singh under Section 438 of the Code of Criminal Procedure seeking his anticipatory bail in case FIR No.223 dated 7.10.2003 registered under Sections 325, 323, 341, 148 and 149 IPC at Police Station Ropar, District Ropar. I have heard the learned counsel for the petitioner besides perusing the record. Learned counsel for the petitioner contends that the petitioner was declared a proclaimed offender and his co-accused have been acquitted of the charge and in these premises, he may be released on anticipatory bail. The petitioner along with his co-accused was charged on 29.3.2004, whereafter he absented from the proceedings pending before the learned trial Court on 16.11.2005. He was declared proclaimed offender on 11.2.2006. Palpably, he remained absconding since 16.11.2005 onwards. He has been declared a proclaimed offender. The benefit of benign provisions of Section 438 of Cr.P.C could not be bestowed upon proclaimed Criminal Misc. No. M-3391 of 2009 (O&M) -2- offenders. By absenting, he virtually hampered with the proceedings pending before the learned trial Court. Such being the circumstances, to my mind, this extra-ordinary jurisdiction vested in the Court under Section 438 of Cr.P.C, should not be invoked in favour of the proclaimed offenders as they do not have regard for the proceedings pending before the Court qua them. Sequelly, this petition is dismissed. February 06, 2009 ( HARBANS LAL ) renu JUDGE Whether to be referred to the Reporter? Yes/No