Manjeet Alias Manjit Singh vs State Of Punjab
2022 Latest Caselaw 15787 P&H

CRM-M-56072-2022                                                     - 1-


134         IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

                                CRM-M-56072-2022
                                DECIDED ON: 5th DECEMBER, 2022

MANJEET @ MANJIT SINGH

                                                            .....PETITIONER
                                 VERSUS

STATE OF PUNJAB
                                                           .....RESPONDENT

CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL.

Present:    Mr. Jasraj Singh, Advocate
            for the petitioner.

SANDEEP MOUDGIL, J (ORAL)

The instant petition has been filed under Section 482 Cr.P.C. for

setting aside the order dated 05.07.2016 (Annexure P-7) passed by learned

Judicial Magistrate Ist Class, Hoshiarpur whereby, the petitioner was

declared a proclaimed offender in case FIR No. 172, dated 18.09.2009

(Annexure P-1), under Sections 452, 324, 506, 148, 149 and 120-B IPC

(Section 326 IPC added later on) registered at Police Station Mahilpur,

District Hoshiarpur.

Learned counsel for the petitioner contends that in the present

case proclamation was issued on 09.05.2016 for 23.05.2016, however, the

publication was issued on 15.05.2016 without adhering to the 30 days pre-

requisite mandate as provided in the statue.

He also relies upon the following judgments:-

1. Ashok Kumar vs. State of Haryana & Another 2013 (4) RCR (Criminal) 550;

2. Avtar Singh vs. State of Punjab and another (CRM-M- 1866 of 2017, decided on 08.03.2017);

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CRM-M-56072-2022 - 2-

3. Narinder Kohli and others vs. State of Punjab (CRM- M-42609-2014, decided on 08.02.2017).

Learned counsel for the petitioner further submits that the

petitioner is a resident of USA and could not come present due to improper

service. The petitioner undertakes to surrender before the trial Court within

a period of one month from today.

To meet the ends of justice and in the light of the fact that no

prejudice would be caused to the respondent-State, the petitioner is directed

to surrender before the trial Court within a period of one month from today

and apply for regular bail.

In case, such an application for bail is moved by the petitioner

before the trial Court, the same shall be considered and decided on the same

date in accordance with law.

The present petition stands disposed of accordingly.

                                               (SANDEEP MOUDGIL)
 th
5 DECEMBER, 2022                                     JUDGE
sham

Whether speaking/reasoned        Yes/No
Whether reportable               Yes/No




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