Granting anticipatory bail based on the bailable nature of the offenses and the specific circumstances of the case.

JUDGMENT

Anoop Chitkara, J. -

1. Apprehending arrest in the above captioned FIR, the accused has come up before this Court under Section 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 dated 04.05.2004 (Annexure P-3). Apart from the present FIR, one more FIR No.44, dated 22.05.2002 under Sections 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 Sections 323 and 324 of IPC in view of Section 82 of Cr.P.C.

4. Given the nature of allegations, offences under Sections 323 and 324 of IPC being bailable, no pre-trial incarceration is required. Without commenting on the case's merits and the circumstances peculiar to this case, the petitioner makes a case for release on bail, subject to the following terms and conditions, which shall be over and above and irrespective of the contents of the form of bail bonds in chapter XXXIII of Cr.P.C., 1973.

5. The petitioner shall be released on bail in the FIR mentioned above, subject to furnishing a personal bond of Rs. Ten thousand (INR 10,000/-), and with one surety of Rs. Twenty-five thousand (INR 25,000/-), to the satisfaction of the trial Court. Before accepting the surety, the Attesting Officer must satisfy that in case the accused fails to appear in Court, then such sureties are capable to produce the accused before the Court, keeping in mind the Jurisprudence behind the sureties, which is to secure the presence of the accused.

6. The furnishing of the personal bond shall be deemed acceptance of the following and all other stipulations, terms, and conditions of this bail order:

a) The petitioner to execute a bond for attendance in the concerned Court(s). Once the trial begins, the petitioner shall not, in any manner, try to delay the proceedings, and undertakes to appear before the concerned Court and to attend the trial on each date, unless exempted. In case of an appeal, on this very bond, the petitioner also promises to appear before the higher Court in terms of Section 437-A Cr.P.C.

b) The attesting officer shall, on the reverse page of personal bonds, mention the permanent address of the petitioner along with the phone number(s), WhatsApp number (if any), e-mail (if any), and details of personal bank account(s) (if available), and in case of any change, the petitioner shall immediately and not later than 30 days from such modification, intimate about the change of residential address and phone numbers, WhatsApp number, e-mail accounts, to the Police Station of this FIR to the concerned Court.

c) The petitioner shall not influence, browbeat, pressurize, make any inducement, threat, or promise, directly or indirectly, to the witnesses, the Police officials, or any other person acquainted with the facts of the case, to dissuade them from disclosing such facts to the Police, or the Court, or to tamper with the evidence.

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