IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-4112 of 2011(O&M) Date of Decision: 09.02.2011 Ravi Kumar and another .... Petitioners Versus State of Punjab ... Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : Mr. I.P.S. Kohli, Advocate for the petitioners 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? ALOK SINGH, J. (ORAL) Learned counsel for the petitioners has correctly argued that offence under Section 160 IPC is a bailable offence. He has further argued that initially petitioners were enlarged on bail by the Investigating Officer, however, after filing of the challan in the Court, petitioners could not get any notice/summon from the Court, hence, could not appear before the Court and were declared Proclaimed Offender. As per learned counsel for the petitioners, non- appearance before the Court in compliance of summon/warrant may be an offence under Section 174 IPC for which another challan has to be submitted, however, fact remains that offence under Section 174 IPC shall also be bailable offence. Learned counsel for the petitioners has correctly argued that in view of the dictum of Hon'ble Apex Court in the matter of Rasiklal vs. Kishore s/o Crl. Misc. No. M-4112 of 2011(O&M) 2 Kanchand Wadhwani, reported in 2009(2) RCR (Criminal) 161, accused has every legal right to be enlarged on bail either by the Arresting Officer or by the Court in a bailable offence. Learned counsel for the petitioners having relied upon the judgment of this Court in the matter of Bhupinder Singh Chhabra vs. State of Punjab and another, CRM No. M-770 of 2011 decided on 1.2.2011 has argued that bail to the petitioners can not be refused by the trial Court merely because petitioners did not appear before the Court for want of any notice/bailable warrant from the Court. Learned counsel for the petitioners further states that petitioners shall appear before the Court on 21.2.2011 and shall move an application seeking bail in view of the judgment of this Court in the matter of Bhupinder Singh Chhabra (supra). Learned counsel for the petitioners states that he may be permitted to withdraw this petition with aforesaid liberty. Petition is dismissed as withdrawn. However, it is clarified that if petitioners appear before the Court on 21.2.2011 as stated by learned counsel for the petitioners, in the event of moving bail application, the same shall be decided by the Court on the same day in the light of observations made by this Court in the matter of Bhupinder Singh Chhabra (supra). (ALOK SINGH) 09.02.2011 JUDGE reena