JUDGEMENT
S.S.Saron, J. -
(1.)Heard learned counsel for the petitioner.
The petitioner seeks pre-arrest bail in a case registered against
him on 22.9.2004 for the offences under Sections 452, 379, 427, 323, 148
and 149 IPC.
(2.)In the incident that occurred on 9.8.2004 at about 11.00 p.m.
the complainant Gurnam Singh was about to go to sleep. Then he heard a
noise from outside and he came out of the room and saw that in the
courtyard Sahib Singh and Karnail Singh sons of Ranjit Singh, Balwinder
Singh (petitioner), Manoj Kumar alias Soni sons of Sahib Singh, Janak
Singh son of Karnail Singh, Satnam Singh, Bant sons of Karam Singh,
Amrik Singh son of Onkar Singh and Gulzar Singh, Lambardar son of
Labhu Ram armed with dangs, sotis (sticks) and other sharp edged weapons
were standing. Gulzar Singh raised a `Lalkara' that the complainant should
not escape and he be caught hold of. Then Sahib Singh gave a blow with
his Dang which hit his right shoulder. Balwinder Singh (petitioner) gave a
blow with the Kirpan from reverse side which hit the complainant on his
back. Satnam Singh gave a Gandasi blow which hit on the left hand of
complainant. Janak Singh gave a fist blow on his nose. The complainant
fell down and while he was lying others also caused injuries.
(3.)The petitioner is attributed a specific blow with the reverse side
of the Kirpan on the back of the complainant Gurnam Singh. In the
investigation that was conducted the petitioner was found innocent and was
not sent-up for trial. The charge-report (challan) was filed on 4.1.2005. On
4.1.2005, the learned Judicial Magistrate Ist Class, Dasuya adjourned the
case for 24.1.2005. On the said date the complainant Gurnam Singh filed an
application (Annexure-P.1) for summoning accused No.1 to 7 including
Balwinder Singh (petitioner). The learned Judicial Magistrate Ist Class vide
her order dated 2.3.2005 (Annexure-P.2) summoned the accused including
the petitioner. The petitioner, however, did not appear and he was declared
a proclaimed offender by the learned trial Court vide order dated
12.11.2007. Thereafter, the charges (Annexure-P.3) were framed against
the accused in which the petitioner has been mentioned as a proclaimed
offender. Therefore, not only a specific role is attributed to the petitioner
but he is also a proclaimed offender. It may be noticed that the petitioner
was abroad and he has now returned. He filed an application for grant of
pre-arrest bail before the learned Sessions Court at Hoshiarpur and the
learned Additional Sessions Judge, Hoshiarpur vide order dated 25.9.2010
(Annexure-P.8) directed the petitioner to surrender before the trial Court
within 15 days from 25.9.2010 and move an application for regular bail
which was directed to be decided expeditiously by the learned trial Court.
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