JUDGEMENT
ANOOP CHITKARA,J -
(1.)Apprehending arrest in the above captioned FIR, the accused has come up before
this Court under Sec. 438 Cr.P.C., seeking anticipatory bail.
NOTICE.
(2.)Mr. Rana Harjasdeep Singh, learned Deputy Advocate General, Punjab, waives
service, and accepts notice on behalf of the respondent and on instructions
from ASI Rampal Singh, learned State counsel has strongly opposed the accused's
interim protection from arrest.
(3.)Learned counsel for the petitioner submits that the petitioner has been falsely
implicated in the present case and in fact he was under the impression that
since case has been compromised, he migrated to Australia in search of better
employment opportunities before the compromise was accepted and the case was
allowed to be compounded by the learned trial Court. Resultantly, he was
declared proclaimed offender by the learned trial court vide order dtd. 4/5/2004
(Annexure P-3). Apart from the present FIR, one more FIR No.44, dtd.
22/5/2002 under Ss. 323, 324, 148 and 149 of IPC, 1860 has been registered against the petitioner at Police Station Rahon, District S.B.S.
Nagar. He further submits that the petitioner has been wrongly declared
proclaimed offender under Ss. 323 and 324 of IPC in view of Sec. 82 of
Cr.P.C.
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