IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-30216 of 2009 Date of Decision: February 16, 2010 Rachpal Singh @ Pala .....PETITIONER(S) VERSUS State of Punjab .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. K.S. Kahlon, Advocate, for the petitioner. Ms. Rajni Gupta, Additional Advocate General, Punjab. . . . AJAI LAMBA, J (Oral) This petition has been filed under Section 439 Cr.P.C. for grant of regular bail in case FIR No.66 dated 11.7.2009 under Sections 365, 376, 302, 201, 148, 149 IPC registered with Police Station, Qadian, Police District Batala. Crl. Misc. No. M-30216 of 2009 [2] Learned counsel for the petitioner contends that the petitioner has not been named in the FIR. Manjinder Kaur, alleged victim, has not been traced till now and therefore, it cannot be said that offences, as alleged, have been committed. On a specific query of the Court, learned counsel for the respondent-State, on instructions from Gurmeet Singh, Sub Inspector, states that certain telephone calls were exchanged between one of the accused and the petitioner. It has further been pointed out that Manjinder Kaur wife of Sukhdev Singh had been declared Proclaimed Offender by the Judicial Magistrate Ist Class, Amritsar vide Order dated 29.1.2009. I have considered the issue. Other than the feeble nature of evidence available against the petitioner; petitioner’s name does not figure in the FIR, alleged deceased Manjinder Kaur is not traceable and she was declared Proclaimed Offender, it would be a moot issue for the Trial Court to consider as to the commission of offence itself. Without commenting on the merits of the case, this petition is allowed. Crl. Misc. No. M-30216 of 2009 [3] Bail to the satisfaction of the Chief Judicial Magistrate, Gurdaspur. (AJAI LAMBA) February 16, 2010 JUDGE avin