Criminal Misc. No. M-28969 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No. M-28969 of 2009 (O&M) Date of Decision:15.10.2009 Avtar Singh alias Tari .....Petitioner Vs. State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. Jetinder Pal Singh, Advocate for the petitioner. **** HARBANS LAL, J. This petition has been moved by Avtar Singh alias Tari under Section 439 of Cr.P.C seeking his regular bail in case FIR No.132 dated 8.6.1998 registered under Sections 324/34 IPC at Police Station City Abohar, District Ferozepur. The facts in brief are that Krishan Kumar made statement before the police that “I am running a tea stall at Bus Stand Abohar. Last night, it was about 9:00 P.M when I was standing at Bus Stand Chowk after shutting down my tea stall and there was gas bulb glowing on the shop, at that time, Avtar Singh alias Tari (referring to the petitioner), Raja, Surinder Kumar of Nanak Nagri came to me and Surinder Kumar raised `lalkara' that Krishan Kumar had abused us in the Mohalla about an year back and he be taught a lesson, on which Raja caught hold of me and Avtar Singh (referring Criminal Misc. No. M-28969 of 2009 (O&M) -2- to the petitioner) gave a kirch blow which hit on the left side of my chest. Then again, he gave two blows, which hit on my left shoulder. I raised noise “Mar Ditta, Mar Ditta” and on hearing my noise, Pawan Kumar and Vikas Kumar, who were present on their Ice-Cream shop came there and rescued me from the accused otherwise they would have killed me. All the accused ran away from the spot along with their respective weapons.” I have heard the learned counsel for the petitioner, besides perusing the record with due care and circumspection. Learned counsel for the petitioner has submitted that the offence for which the petitioner has been charged with, is bailable and he has already undergone more than three months in custody. Furthermore, the trial will take a sufficient long time to conclude and no useful purpose will be served by keeping the petitioner behind the bars. It has also been submitted that during the course of trial, the petitioner could not appear before the learned trial Court on the date of hearing and was subsequently declared proclaimed offender on 5.12.2007. He was arrested on 27.6.2009 and since then he is in custody and is facing trial. I have given a deep and thoughtful consideration to these submissions. Needless to say, the petitioner continued evading his arrest since 5.12.2007 onwards and it was on 27.6.2009 that he was arrested. Obviously, he absconded for more than one and half years. If he is admitted to bail, he may abscond again and as its consequence, the trial shall be protracted. Needless to say, his conduct subsequent to his release is found Criminal Misc. No. M-28969 of 2009 (O&M) -3- to be pre-judicial to a fair trial. When such is the state of affairs, I do not deem it a fit case to admit bail to the petitioner. Sequelly, this petition is dismissed. October 15, 2009 ( HARBANS LAL ) renu JUDGE