LAWS(P&H)-2003-7-162

PURAN CHAND Vs. STATE OF HARYANA

Decided On July 07, 2003
PURAN CHAND Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) THIS application for bail has been filed Puran Chand on the ground that the applicant has spent 5 years and 4 months in prison till now, and therefore, he is entitled to the concession of bail, in view of the judgment of this Court rendered in the case of Dharampal v. State of Haryana, 1999(4) RCR(Criminal) 600. Ms. Palika Monga has submitted that the applicant has been convicted of a double murder. Apart from that, he was declared a proclaimed offender during the trial. Ultimately, he was apprehended on 7.2.1995 and only then, the trial could proceed.

(2.) HAVING considered the entire matter, we are of the considered opinion that a person who has remained a proclaimed offender during the trial, cannot be automatically granted the concession of bail on the basis of the decision in the case of Dharampal (supra). A person who absconds during trial, would be even more likely to abscond after the conviction is maintained against him.