In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-23203 of 2008 Date of Decision:12-01-2009 Shamsher ---Petitioner versus State of Haryana ---Respondent Coram: HON'BLE Ms. JUSTICE SABINA Present: Mr. Bijender Dhankhar,Advocate, for the petitioner Mr.Sidharth Sarup, AAG, Haryana SABINA, J.(Oral) Shamsher-petitioner has filed this petition under Section 439 of the Code of Criminal Procedure (for short 'the Cr.P.C.') for grant of regular bail in FIR No. 142 dated 24.11.2007 under Section 25 of the Arms Act registered at Police Station, Kharkhoda, District Sonepat. Petitioner was allowed regular bail by the trial court on 19.4.2005 but he absented himself during the trial on 19.4.2005. He was declared a proclaimed offender by the trial court vide order dated 11.6.2007 and proceedings under Section 299 of the Cr.P.C. were initiated. Thereafter, the petitioner was arrested on 6.4.2008. Learned counsel for the petitioner has submitted that now the petitioner was in custody since 6.4.2008 and hence, be released on bail. Learned State counsel has opposed the bail application. After hearing learned counsel for the petitioner and learned State counsel, I am of the opinion that this petition deserves to be allowed Crl. Misc. No. M-23203 of 2008 -2- as the petitioner is in custody since 6.4.2008. Keeping in view the custody period of the petitioner, this petition is allowed. Petitioner be released on bail to the satisfaction of the trial court/Duty Magistrate. (SABINA) JUDGE January 12, 2009 PARAMJIT