Criminal Misc. No. M- 12816 of 2011 (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M- 12816 of 2011 (O&M) Date of decision: 26.7.2011 Darbara Singh .. Petitioner v. State of Punjab .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Vikas Bahl, Advocate for the petitioner. Mr. K. S. Pannu, Deputy Advocate General, Punjab. ... Rajesh Bindal J. Prayer in the present petition is for grant of bail pending trial in FIR No. 30 dated 13.5.2010, registered under Sections 394, 120-B IPC, Police Station, Meharban, District Ludhiana. Learned counsel for the petitioner submitted that two more cases are pending against the petitioner, whereas learned counsel for the State submitted that the petitioner is involved in five other cases. On this statement having been furnished by learned counsel for the State, learned counsel for the petitioner submitted that he may be permitted to withdraw the present petition at this stage. Ordered accordingly. In many cases, situation arises where a petitioner seeking relief of pre-arrest bail, regular bail, suspension of sentence or quashing of FIR/complaint, does not disclose to the court as to whether he is involved in any other case or not; whether he was ever declared proclaimed offender in any other case or he is at present on bail in any other pending case. Criminal Misc. No. M- 12816 of 2011 (2) Instances have also come before the court where accused in a case was also involved in cases registered against him in other States and in some cases he was declared Proclaimed Offender as well. The State may also not have complete information regarding that or many times may not produce the same before the Court. The past record of a person concerned in a case pending investigation or trial or a convict is always relevant for consideration of his claim for bail, suspension of sentence or for quashing of FIR/complaint, namely - as to whether he is on bail in any pending case and whether in any case the petitioner has been convicted and the sentence has been suspended. It is not required to be done only in the cases which are filed before this court, rather, this is required to be furnished even in an application for similar reliefs to be filed before the courts below. It would be appropriate if the petitioner praying for pre-arrest bail, regular bail, suspension of sentence during pendency of the appeal/ revision, quashing petition or in any other allied proceedings either in this court or in the courts below is required to furnish the following information in the paragraph immediately preceding the prayer clause: (a) Whether the petitioner was/is accused in any other case(s) registered against him anywhere in India ? In case, it is so, upto date status of the proceedings in those case(s). (b) If the petitioner is on bail in any case(s) pending against him or sentence awarded to him in any other case(s) has been suspended, specific mention is required to be made. (c) No./title of any other pending case against the petitioner in the court where such a petition is moved. (d) Whether he has ever been declared proclaimed offender in any case or not ? This is required to be implemented immediately in the interest of justice. Let the matter be placed before Hon'ble the Acting Chief Justice for circulation to all the District & Sessions Judges in the States of Punjab and Haryana and Union Territory, Chandigarh. This be also brought to the notice of the members of the High Court Bar Association Criminal Misc. No. M- 12816 of 2011 (3) and also the Bar Associations in both the States of Punjab and Haryana and Union Territory, Chandigarh. A copy be also sent to the Secretary, Bar Council of Punjab and Haryana and Director, Chandigarh Judicial Academy. 26.7.2011 (Rajesh Bindal) mk Judge