In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-11390 of 2010 ..... Date of decision:12.5.2010 Manohar Lal alias Sonu .....Petitioner v. State of Punjab .....Respondent .... Present: Mr. Sandeep Arora, Advocate for the petitioner. Mr. V.P.S. Sidhu, Assistant Advocate General, Punjab for the respondent-State. ..... S.S. Saron, J. Heard learned counsel for the parties. The petitioner seeks pre-arrest bail in a case registered against him on 4.6.2008 for the offences under Sections 323, 324, 148 and 149 IPC and also for the offences under Sections 382, 395, 397 and 452 IPC which were added later i.e. on 6.6.2008. The FIR (Annexure-P.1) has been registered on the statement of Harmesh Lal. It is submitted by the complainant that he is working as Welder at Adda Sangatpura. On 4.6.2008 at about 11.00 a.m., his brother Manjeet Kumar came to his shop and they were working at their shop. While they were working four motorcycles came from Phillaur side and stopped at their shop. Out of them Neki, Sonu son Sarabjeet were having Gandasas,. besides, Suraj and Heera sons of Jeevan were having Kirpans. Sonu son of Gurdev (petitioner) along with 4-5 unidentified persons were Cr. Misc. No.M-11390 of 2010 [2] having Kirpans. They reached the shop of the complainant and raised `Lalkara'. Sonu son of Sarabjeet attacked the brother of the complainant and gave a Gandasa blow on his right leg. The complainant came forward to save Manjeet Kumar and then Neki attacked him with his Datar which struck from the backside on the left Bicep of his arm. Manjeet Kumar- brother of the complainant fell down. Then the above named Neki, Suraj, Heera along with other unidentified persons caused injuries to Manjeet Kumar, the brother of the complainant with their weapons. Thereafter, they again assaulted the complainant. In the entire incident, no role has been attributed to the petitioner. The petitioner went abroad in the month of June 2008. According to the petitioner, he has no knowledge about the occurrence because he was not involved and has been implicated only because he carries respect in the village. The case before the trial Court has not made any progress. It was committed by the Area Magistrate to the Court of Session on 28.8.2009. The charges in the case have not been framed and the case is fixed before the trial Court on 17.5.2010. Therefore, the trial in the case has not commenced. The petitioner had been declared a proclaimed offender. However, he has expressed his willingness to join the investigation and also put in appearance before the Court. A proclaimed offender normally is not entitled to the concession of pre-arrest bail. However, in the present case no role is attributed to the petitioner; besides, the trial in the case has not made any progress. Moreover, learned counsel for the State, on instructions from HC Satpal Police Station Bilga, District Jalandhar, has submitted that the custody of the petitioner is not required for the purpose of investigation. In the circumstances, the criminal miscellaneous petition is Cr. Misc. No.M-11390 of 2010 [3] disposed of with the direction to the petitioner to surrender before the Police within three days of the receipt of certified copy of this order and in the event of his arrest he shall be admitted to bail. The petitioner shall join investigation as and when required and shall abide with the conditions of Section 438 (2) Cr.P.C. The petitioner shall also surrender his passport to the Police and shall not leave the country without prior permission of the trial Court. May 12, 2010. (S.S. Saron) Judge *hsp*