In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M- 28157 of 2008 Date of Decision:March 31, 2009 Joginder Singh Gill ---Petitioner versus State of Punjab ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr.B.S.Bhalla,Advocate, for the petitioner Mr. Aman Deep Singh Rai, AAG,Punjab *** SABINA, J. At the time of issuance of notice of motion, following order was passed by this Court:- “This petition has been filed under Section 482 Cr.P.C. for quashing FIR No.39 dated 4.7.1995 lodged for commission of offence punishable under Section(s) 326, 324, 323, 148, 149 IPC with Police Station, Mehna, District Moga. Learned counsel contends that FIR was lodged. The petitioner was one of the accused out of total five accused. The petitioner was on bail. During the course of trial, the petitioner went abroad and was declared as Proclaimed Offender. Crl. Misc. No. M- 28157 of 2008 -2- The other co-accused of the petitioner were convicted and sentenced. The said persons carried an appeal. In appeal, they have been acquitted as is made out from Judgment, Annexure P-2. Learned counsel contends that because logically the same result is likely to follow in the case of the petitioner, FIR as against the petitioner be quashed. In the alternative, learned counsel states that the petitioner would come back to India and would surrender, he be allowed bail. The petitioner would face trial and consequences. For the said proposition/ argument, learned counsel has relied on order dated 24.3.2003 passed in Criminal Miscellaneous No.M-7662 of 2003 titled ‘Lakhbir Singh Vs. State of Punjab’. Notice of motion for 5.2.2009.” Learned counsel for the petitioner has submitted that the petitioner is ready to face trial. Petitioner is 70 years old and he would surrender before the trial court. Keeping in view the peculiar facts of this case, this petition is allowed. In case the petitioner surrenders before the trial court or on before 25.4.2009, he be released on bail subject to the satisfaction of the trial court/Duty Magistrate. (SABINA) JUDGE March 31, 2009 PARAMJIT