Nimma @ Nimmo vs State Of Punjab And Another
2021 Latest Caselaw 1784 P&H

CRM-M-19907 of 2021                                                         1

      IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH

                          CRM-M-19907 of 2021
                          DATE OF DECISION :- May 19, 2021


Nimma @ Nimmo                                               ...Petitioner


                          Versus


State of Punjab and another                                 ...Respondents



CORAM: HON'BLE MR. JUSTICE H.S. MADAAN

Present:-    Mr. Shekhar Verma, Advocate for the petitioner.

                          ***

The case has been taken up through Video Conferencing.

This petition for pre-arrest bail has been filed by petitioner

Nimma @ Nimmo, an accused in a complaint case titled 'Hardip Kaur

versus Mithun and others' which was pending before Judicial Magistrate Ist

Class, Gurdaspur. She had been summoned to appear in that case by

learned Judicial Magistrate Ist Class, Gurdaspur vide order dated 2.8.2010.

Notice of the complaint was given to the petitioner accused as per

Registered A.D. Post but she refused to accept the summons. Thereafter

warrants of arrest were issued against her which were received back

unexecuted. Proclamation under Section 82 Cr.P.C was published against

the petitioner accused. She failed to appear in the court, as such she was

declared a proclaimed offender way back in the year 2014. It is contended

by learned counsel for the petitioner that petitioner was not duly served in

the complaint case and has been wrongly declared as a proclaimed offender,

therefore, she be granted pre-arrest bail.

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In the judgment 'State of Madhya Pradesh versus Pradeep

Sharma 2014(1) R.C.R. (Criminal) 269' the Hon'ble Supreme Court of India

has observed that when an accused is absconding and has been declared as a

proclaimed offender in terms of Section 82 Cr.P.C. then such accused

should not be granted anticipatory bail. Further more, in a judgment passed

by a coordinate Bench in case titled 'Mehnga Singh versus State of Punjab

2002(1) CLJ (Criminal) 302' it was observed that when an accused has been

declared as a proclaimed offender petition against the order under Section

482 Cr.P.C. is not maintainable, the accused should first move the Court

who had declared him a proclaimed offender and even an objection against

validity of proclamation is required to be raised in the first instance before

the Court which issued the proclamation and power under Section 482

Cr.P.C. is not to be exercised in favour of a person who is absconding or

avoiding service.

Therefore, the present petition is doomed for failure and is

dismissed accordingly. The petitioner is directed to surrender in the trial

Court at the earliest. On her doing so and moving application for regular

bail, the same be decided expeditiously.

                                                 (H.S. MADAAN)
                                                     JUDGE
May 19, 2021
p.singh


Whether speaking/reasoned                                    Yes/No

Whether Reportable                                           Yes/No




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