- (1.) Heard learned counsel for the parties.
(2.) The petitioner seeks regular bail pending trial for the offences under Sections 420, 406 and 506 IPC.
(3.) The FIR in the case has been registered on the statements of complainants Manjit Singh son of Gurnam Singh and Dalbir Singh alias Balbir Singh son of Rulia Ram. It has been alleged that the petitioner Swami Kamal Baba as also his co-accused Inderdeep Kaur alias Indu Mann (non-petitioner) and Raghbir Singh (non-petitioner) had cheated the complainants of sending them abroad. The complainant Manjit Singh made a statement on 1.8.2005 (Annexure- P.6) before the learned Chief Judicial Magistrate, Nawanshahr to the effect that he has compromised with Raghbir Singh and Indu Mann and he had no grudge against them. It was also stated that he had also compromised with accused Kamal Baba (petitioner). On the basis of said statement, the learned Chief Judicial Magistrate. Nawanshahr vide order dated 2.8.2005 (Annexure-P.7) acquitted the co-accused of the petitioner, namely. Raghbir Singh and lnderdeep Kaur alias Indu Mann as permission was granted to them to compound the offences. The petitioner at that time was a proclaimed offender. He, therefore, filed Criminal Misc. No.56085-M of 2006 before this Court inter alia contending that on the basis of the compromise the learned Judicial Magistrate 1st Class, Nawanshahr had discharged his co- accused vide. order dated 2.8.2005. This Court on 14.9.2006 (Annexure-P.8) dismissed the said criminal miscellaneous petition by observing that the petitioner in total disregard to his obligation to appear before the trial Court in accordance with the terms and conditions of his bail bond absented himself and was declared a proclaimed offender. As such no ground was made out to exercise inherent jurisdiction of this Court to quash the complaint qua him. In any case, it was directed that in case the petitioner surrenders before the trial Court within fortnight i. e from 14.9.2006, his application, if any, for grant of regular bail shall be considered and decided within two days of his surrender. The application has since been dismissed vide order dated 4.10.2007 (Annexure-P.9).;