IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No. M- 12634 of 2011 (O&M) Date of Decision: 30.05.2011 Boota Singh ... Petitioner Versus State of Punjab ....Respondent CORAM:- HON'BLE MR.JUSTICE NAWAB SINGH Present: Mr. Mansur Ali, Advocate, for the petitioner. Mr. Sudhir Nehra, Addl. A.G. Punjab. NAWAB SINGH J.(ORAL) On April 29th, 2011, the following order was passed by this Court :- “Counsel heard. Learned counsel for the petitioner has urged that Boota Singh-petitioner was named as an accused in case bearing First Information Report No.48 dated August 15th, 2008, under Sections 302 and 379 read with Section 34 of Indian Penal Code, Police Station Phul, District Bathinda (Annexure P-1). During investigation, petitioner was found innocent. Charge-sheet/challan was not filed against him in the Court. During trial, an application under Section 319 of the Code of Criminal Procedure was moved by the prosecution. The application was allowed and the petitioner was summoned to face trial along with other accused. As the petitioner left India on July 2nd, 2009 and the application was filed thereafter so, he was not aware of the fact that he was summoned to face the trial. He was never served upon. He was declared proclaimed offender vide impugned order dated January 13th, 2010 (Annexure P-8) passed by Sessions Judge, Bathinda. Criminal Misc. No. M- 12634 of 2011 -2- .. The only prayer made herein is that implementation of the order dated January 13th, 2010 (Annexure P-8), whereby, petitioner was declared proclaimed offender, be stayed enabling the petitioner to move application for bail under Section 438 of the Code of Criminal Procedure before the trial Court. Notice of motion 30.05.2011. Meanwhile, implementation of the order dated January 13th, 2010 (Annexure P-8) is stayed.” 2. Learned counsel for the petitioner has urged that the petitioner has filed application for pre-arrest bail before the trial Court. 3. In view of the aforesaid facts and circumstances, order dated January 13th, 2010 (Annexure P/8), whereby, the petitioner was declared Proclaimed Offender, is set-aside. 4. Disposed of. (NAWAB SINGH) JUDGE 30.05.2011 som