Criminal Misc. No. M-19262 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-19262 of 2009 (O&M) Date of decision: 5.10.2009 Sukhdev Chand .. Petitioner v. State of Punjab .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Amit Dhawan, Advocate for the petitioner. Mr. A. S. Brar, Senior Deputy Advocate General, Punjab. .. Rajesh Bindal J. The petitioner in the present case is accused in FIR No. 13 dated 11.4.1995, registered under Sections 464/468/469 IPC at Police Station, Khamanon, District Fatehgarh Sahib. As he absented from the trial, he was declared proclaimed offender and was arrested on 2.6.2009. He is in custody since then. Learned counsel for the petitioner submitted that during the period of terrorism, brother of the petitioner had been killed and he had gone to USA along with his family to save his life. The allegations in the FIR are not serious. However, still for his jumping the bail, he has already suffered imprisonment for a period of about 4 months. He further submitted that now he has come back to India along with his family and there is no likelihood of his absconding again. On the other hand, learned counsel for the State submitted that considering the previous conduct of the petitioner, he should not be granted the concession of bail, as otherwise the trial will be again delayed unnecessarily. After hearing learned counsel for the parties, however, without opining on the merits of the controversy, I deem it appropriate to direct release of the petitioner on bail pending trial to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Fatehgarh Sahib. However, the same shall be subject to petitioner's depositing his passport with the trial court and furnishing heavy surety. He shall also file an undertaking that he will not leave the country without Criminal Misc. No. M-19262 of 2009 [2] permission of the Court. The petition stands disposed of. (Rajesh Bindal) Judge 5.10.2009 mk