IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc No. M-3152 of 2009 Date of decision : 21.07.2009 Harmesh Lal Manghera and another ....Petitioners V/s State of Punjab and another ....Respondents BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Onkar Singh, Advocate for the petitioners. Mr. Shailesh Gupta, DAG Punjab. RAJAN GUPTA J. (ORAL) Learned counsel for the petitioners submits that the petitioners were declared proclaimed offender vide order Annexure P-4/2 dated 10.04.2003 passed by Judicial Magistrate Ist Class, Phillaur. According to the counsel, absence of the petitioners before the trial court was absolutely unintentional. He has pointed out that the petitioners were accused in matrimonial proceedings initiated at the instance of respondent No. 2 Manjit Kaur. However, Manjit Kaur obtained divorce from her husband (petitioner No. 1 herein) by a decree of divorce, Anneuxre P-3 passed by Birmingham County Court. Learned counsel has also pointed out that co-accused of the petitioners have faced trial and were acquitted on 25.08.2008 by a detailed judgment passed by Judicial Magistrate Ist Class, Phillaur, Annexure P-5. Learned counsel submits that the petitioners also wish to submit to the process of law and face trial. He has, however, prayed that the petitioners may be granted some protection as the order declaring them proclaimed offender still stands. Crl. Misc No. M-3152 of 2009 -2- Learned counsel for the State, however, states that petitioners must submit to the process of law and seek their remedy in accordance with law. In the peculiar facts and circumstances of the case particularly, the assertion that complainant had already obtained divorce from petitioner No. 1 from the competent court of jurisdiction in England, and the fact that co-accused of the petitioners have already been acquitted by the trial court, it is directed that in case petitioners surrender before the trial court within two months of receipt of certified copy of this order and apply for regular bail, the same shall be decided within a week thereof. However, arrest of the petitioners shall remain stayed till the decision of their bail application. The trial court shall proceed in accordance with law and endeavor to conclude the trial expeditiously preferably, within six months. 21.07.2009 (RAJAN GUPTA) Ajay JUDGE