Crl. Misc. No.M-25704 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-25704 of 2011 (O&M) Decided on : 25-08-2011 Sarwan Singh ....Petitioner VERSUS State of Punjab ....Respondent CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr.V.K.Thakur, Advocate for the petitioner MAHESH GROVER, J This is a petition under Section 482 Cr.P.C in which prayer has been made that the FIR no.39 dated 16.3.2005 under Sections 420, 406, 467, 468, 471, 506, 120-B IPC registered at P.S.Sardar, Kapurthala and all consequent proceedings pursuant to the said FIR be quashed as the co- accused of the petitioner has since been acquitted. Another prayer that has been made is that the proclamation made under Section 82 Cr.P.C regarding the petitioner being a proclaimed offender has been done without following the process of law. On due consideration of the matter, I am of the considered opinion that the petitioner being a proclaimed offender and a fugitive from law needs to submit himself to the jurisdiction of learned Trial Court as also the process of law. No indulgence or leniency can be given to a person who is absconding from the process of law. At this stage, learned counsel for the petitioner states that the petitioner is willing to surrender and submit himself to the jurisdiction of the learned Trial Court. Crl. Misc. No.M-25704 of 2011 (O&M) 2 Having regard to the aforesaid, this petition is disposed of with an observation that in the eventuality of the petitioner submitting himself to the jurisdiction of the Trial Court on or before 12.9.2011 and upon his making a prayer for bail, the same shall be considered by the learned Trial Court on the very same date and in the eventuality of it coming to the conclusion that the petitioner deserves such a concession, it shall grant the bail subject to adequate surety considering the fact that the petitioner is a proclaimed offender and is also keeping in mind that such surety should be sufficient to obviate the chances of any future default. Trial Court is also free to impose any other condition upon the petitioner. It is stated before this Court that the petitioner is an old man of 80 years and is suffering from heart ailment. The Trial Court is obviously free to evaluate all these circumstances at the time of considering the bail application. August 25 , 2011 (Mahesh Grover) rekha Judge