CRM.M-33344 of 2009 (O&M) 1 In the High Court for the States of Punjab and Haryana at Chandigarh. Decided on 26.11.2009. Darshan Singh -- Petitioner vs. State of Punjab --Respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.P.S.Brar,Advocate,for the petitioner Rakesh Kumar Jain, J:(Oral) This is a petition under Section 439 of the Code of Criminal Procedure, 1973 (for short,'Cr.P.C.'), for regular bail in case FIR No.258 dated 29.8.2008 registered under Sections 302 IPC at Police Station, Bagha Purana, District Moga. The allegations against the petitioner are of having caused injuries to the deceased. Learned counsel for the petitioner has argued that there is a delay in the registration of the FIR. After the enquiry conducted by the S.P.(D), Moga, the petitioner was not sent up for trial in the report prepared under Section 173 Cr.P.C, however, a supplementary report has been filed against the petitioner. It is also submitted that the petitioner is in judicial custody and nothing is to be recovered from him. Before coming to this Court, the petitioner had approached the Court below for regular bail which had been dismissed by the learned Addl.Sessions Judge, Moga, vide his order dated 1.10.2009, on CRM.M-33344 of 2009 (O&M) 2 the ground that the petitioner was declared a proclaimed offender. The offence committed is heinous and the case is fixed for prosecution evidence. After taking into consideration the totality of the circumstances emerging from the record, I do not find it to be a fit case for grant of regular bail to the petitioner because of the reason that he has been declared a proclaimed offender and the case is now fixed for evidence of the prosecution. Therefore, there is every likelihood that the petitioner may abscond and influence the witnesses of the prosecution. Hence, without expressing any opinion on the merits of the case, this bail petition is hereby dismissed. 26.11 2009 (Rakesh Kumar Jain) RR Judge