Crl. Misc. No.M-11313 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-11313 of 2010 Date of Decision: July 7, 2010 Sarif …..Petitioner Vs. State of Haryana …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.S.R. Hooda, Advocate for the petitioner. Mr.S.S. Goripuria, DAG, Haryana. -.- M.M.S. BEDI, J. (ORAL) Petitioner seeks the concession of pre-arrest bail in a case where Satbir, Head Constable was run over by a dumber being driven by Fakru. So far as petitioner is concerned he was allegedly sitting alongwith Fakru. It is an admitted fact that the petitioner from the very beginning of the case evaded his arrest as a result of which he was declared a proclaimed offender. Crl. Misc. No.M-11313 of 2010 [2] Counsel for the petitioner has contended that the co-accused of the petitioner have been acquitted on merits vide judgment dated December 21, 2009. The entire story of the prosecution has been demolished during the trial as such the petitioner can be granted the concession of pre-arrest bail as chances of his conviction are remote. State counsel has opposed the petition for pre-arrest bail contending that the petitioner remained a proclaimed offender as such he is not entitled for relief under Section 438 Cr.P.C. I have heard counsel for the petitioner and carefully considered his contentions. The petitioner having not appeared before the trial Court for a period of more than three years waited for the result of the trial qua his co-accused. He wants to get the benefit of acquittal of his co-accused without facing the trial. This had never been the objective of incorporating the provisions of Section 438 Cr.P.C. No extraordinary circumstances exist for grant of concession of pre-arrest bail to the petitioner in view of his conduct of evasive approach. Dismissed. Counsel for the petitioner has disputed that any notice was issued to the petitioner before declaring him a proclaimed offender. It will always be open to the petitioner to join the stream of process of law by putting in appearance before the Illaqa Magistrate and surrender himself for facing trial. The acquittal of his co-accused may be a good ground to grant the concession of regular bail to him. Crl. Misc. No.M-11313 of 2010 [3] July 7, 2010 (M.M.S.BEDI) sanjay JUDGE