In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-31306 of 2010 ..... Date of decision:1.11.2010 Balwinder Singh .....Petitioner v. State of Punjab .....Respondent .... Present: Mr. Arun Takhi, Advocate for the petitioner. ..... S.S. Saron, J. Heard learned counsel for the petitioner. The petitioner seeks pre-arrest bail in a case registered against him on 22.9.2004 for the offences under Sections 452, 379, 427, 323, 148 and 149 IPC. In the incident that occurred on 9.8.2004 at about 11.00 p.m. the complainant Gurnam Singh was about to go to sleep. Then he heard a noise from outside and he came out of the room and saw that in the courtyard Sahib Singh and Karnail Singh sons of Ranjit Singh, Balwinder Singh (petitioner), Manoj Kumar alias Soni sons of Sahib Singh, Janak Singh son of Karnail Singh, Satnam Singh, Bant sons of Karam Singh, Amrik Singh son of Onkar Singh and Gulzar Singh, Lambardar son of Labhu Ram armed with dangs, sotis (sticks) and other sharp edged weapons were standing. Gulzar Singh raised a `Lalkara' that the complainant should not escape and he be caught hold of. Then Sahib Singh gave a blow with his Dang which hit his right shoulder. Balwinder Singh (petitioner) gave a Cr. Misc. No.M-31306 of 2010 [2] blow with the Kirpan from reverse side which hit the complainant on his back. Satnam Singh gave a Gandasi blow which hit on the left hand of complainant. Janak Singh gave a fist blow on his nose. The complainant fell down and while he was lying others also caused injuries. The petitioner is attributed a specific blow with the reverse side of the Kirpan on the back of the complainant Gurnam Singh. In the investigation that was conducted the petitioner was found innocent and was not sent-up for trial. The charge-report (challan) was filed on 4.1.2005. On 4.1.2005, the learned Judicial Magistrate Ist Class, Dasuya adjourned the case for 24.1.2005. On the said date the complainant Gurnam Singh filed an application (Annexure-P.1) for summoning accused No.1 to 7 including Balwinder Singh (petitioner). The learned Judicial Magistrate Ist Class vide her order dated 2.3.2005 (Annexure-P.2) summoned the accused including the petitioner. The petitioner, however, did not appear and he was declared a proclaimed offender by the learned trial Court vide order dated 12.11.2007. Thereafter, the charges (Annexure-P.3) were framed against the accused in which the petitioner has been mentioned as a proclaimed offender. Therefore, not only a specific role is attributed to the petitioner but he is also a proclaimed offender. It may be noticed that the petitioner was abroad and he has now returned. He filed an application for grant of pre-arrest bail before the learned Sessions Court at Hoshiarpur and the learned Additional Sessions Judge, Hoshiarpur vide order dated 25.9.2010 (Annexure-P.8) directed the petitioner to surrender before the trial Court within 15 days from 25.9.2010 and move an application for regular bail which was directed to be decided expeditiously by the learned trial Court. Cr. Misc. No.M-31306 of 2010 [3] The petitioner has not complied with the said order also. Therefore, no ground for any relief is made out in favour of the petitioner. The criminal miscellaneous petition is accordingly dismissed. However, in case the petitioner appears before the trial Court within three days from the receipt of copy of this order, his application for regular bail shall be considered expeditiously by the learned trial Court in accordance with law. November 1, 2010. (S.S. Saron) Judge *hsp*