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Judgment
S.S. Saron, J.—Heard learned Counsel for the parties.
In compliance with the order dated 24.7.2007, the Petitioners Dharmender and Narender sons of Sh. Bhagwana had admittedly joined the investigation on 7.8.2007. In the occurrence that took place, the Petitioners-Dharmender and Narender are not attributed any specific role.
Learned Counsel for the Petitioners has however submitted that the Petitioners were declared Proclaimed Offenders by the Ilaqa Magistrate on 24.4.2007. The challan in the case has been filed on 27.1.2007. It is also submitted by him that the Petitioners were informed that they have been dropped in the case and therefore they were never served. It is submitted that when they were wanted in the case, they had sought pre-arrest bail. Besides, it is submitted that the order declaring the Petitioners as Proclaimed Offenders is not too remote in point of time and has been passed without their knowledge.
Even in the challan that was filed in terms of the Section 173 Cr.P.C., four persons namely Sohanpal @ Sonu, Samarvir @ Monu, Bittu and Vijay @ Koki were arrested. Therefore, the Petitioners were of the opinion that they were not being challaned.
In the aforesaid circumstances, the interim bail granted to the Petitioners namely Dharmender and Narender son of Sh. Bhagwana on 24.7.2007 is made absolute subject to the provisions of Section 48 Code of Criminal Procedure
Accordingly, the Crl. Misc. petition is disposed of.