Crl. Misc. No.M-19599 of 2011 (O&M) ****** Rakesh Kumar @ Keshu Vs. State of Punjab Present : Mr. Vipin Mahajan, Advocate for the petitioner. Mr. S.S. Gill, D.A.G., Punjab. AJAY TEWARI, J. (ORAL) This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case F.I.R. No.219 dated 31.10.2009 registered under Sections 302, 304-B, 307, 34 IPC at Police Station Dina Nagar, District Gurdaspur, Punjab. On 14.07.2011 the following contention was noticed:- “Learned counsel for the petitioner has argued that the petitioner was earlier found innocent and has now been summoned under Section 319 Cr.P.C.” Learned Deputy Advocate General has argued that the petitioner was declared as a proclaimed offender. Learned counsel for the petitioner has argued that the petitioner was never served and he was declared as a proclaimed offender in an extremely hurried fashion (within three months). On instructions from S.I. Amrik Singh learned Deputy Advocate General has accepted these factual assertions. Apart from that learned counsel for the petitioner has relied upon the judgment in the matter of Dharmender and another v. State of Haryana reported in 2008(1) R.C.R. (Criminal) 793 wherein this Court confirmed the order of anticipatory bail despite the fact that the petitioner therein was declared as a proclaimed offender. Crl. Misc. No.M-19599 of 2011 (O&M) -2- Keeping in mind the facts of the present case and the law laid down in the said judgment, in my considered opinion, it would be in the interest of justice if the anticipatory bail is granted to the petitioner. Ordered accordingly. In the event of arrest of the petitioner, he shall be released on bail to the satisfaction of Investigating Officer subject to the conditions envisaged under Section 438(2) Cr.P.C. Petition stands disposed of. ( AJAY TEWARI ) July 21, 2011 JUDGE ashish