KARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The prayer in this petition is to release the petitioner on regular bail in FIR No.295 dated 10.6.2002 under Sections 366/323/451/506/314 IPC registered at Police Station Sadar, Patiala. The above-stated FIR has been registered on a complaint made by the father of the then wife of the petitioner. As the record reveals, the petitioner was enlarged on bail. However, he remained absent on 15.5.2003 from the trial proceedings due to which his bail bonds were cancelled and surety bonds were forfeited. The petitioner surrendered in the Court on 22.7.2003 and by taking a lenient view, he was again released on bail on the very next day i.e. on 23.7.2003. The petitioner, however, again absented on 13.9.2003, therefore, his bail bonds were cancelled and surety bonds were forfeited. Meanwhile, due to prolong absence of the petitioner, proceedings under Sections 81/82 Cr.P.C. were initiated and he was declared proclaimed offender on 16.5.2004.

(2.) The petitioner, could thereafter be arrested by the police on 8.8.2006 i.e. after a period of about three years and is in custody since then. Meanwhile, as it appears, the petitioner and his wife (complainant's daughter) parted ways and after divorce, have re-married. From the previous conduct of the petitioner, there can be no second opinion that he does not deserve the concession of bail. At the same time, it can not be over-ruled that the prosecution evidence is still going on and the trial is not likely to be concluded very soon. For his past misadventures, the petitioner has already spent more than 7 months in custody.

(3.) At the same time, the petitioner cannot be permitted to hoodwink the process of law by remaining absent from the trial. Consequently, without going into the merits of the case, lest it should prejudice either of the parties, this petition is allowed and the petitioner is directed to be released on bail to the satisfaction of Chief Judicial Magistrate, Patiala, however, subject to the following terms and conditions:-