Punjab-Haryana High Court
Rupinder Singh vs State Of Punjab on 5 December, 2022
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
117 CRM-M-6716-2018
Date of Decision: 05.12.2022
RUPINDER SINGH ...Petitioner
Versus
STATE OF PUNJAB ...Respondent
Coram: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present: Mr. Navjinder Singh Sidhu, Advocate,
for the petitioner
Mr. Amish Sharma, AAG, Punjab
ae 2 oe
JAGMOHAN BANSAL, J. (ORAL)
The petitioner through instant petition is seeking setting aside of
order dated 22.09.2015 (Annexure P-5) whereby JMIC, Ludhiana in FIR No.143
dated 14.07.2014, under Sections 341, 323, 148, 149 IPC, registered at Police
Station Dhaka, has declared the petitioner as proclaimed person.
Learned counsel for the petitioner, inter alia, contends that FIR qua
other accused has already been quashed by this Court, vide order dated
21.12.2017 (Annexure P-6). The petitioner left the country on 18.11.2014 whereas
challan was presented on 23.01.2015 and thereafter, charges were framed and he
was declared proclaimed person. The petitioner is not involved in any other
offence. The petitioner is ready to face the trial. The petitioner is ready to pay
costs of Rs.50,000/-. No prejudice is going to be caused to the prosecution if an
opportunity is granted to the petitioner.
Notice of motion.
Mr. Amish Sharma, AAG, Punjab accepts notice on behalf of
respondent-State and submits that State has no objection if the present petition is
disposed of, subject to costs.
Intent of arrest and reason of denial of bail is to secure the
vouir [email protected] of the accused at the time of trial. A person who seeks to be liberated
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must take judgment and serve sentence in the event of his conviction. The nature
of the crime charged, severity of punishment prescribed, prime facie available
evidences, history & background of the accused may indicate that any amount of
bond and surety is not going to secure presence of accused, at the time of
conviction.
Keeping in mind:
(i) The object of cancellation of bond or declaration of anyone as
proclaimed offender/person is to secure his presence. The
petitioner has come forward to face trial and undertakes to
appear before trial court on each and every date, thus ,his
presence would meet ends of justice;
(ii) The petitioner for wasting valuable time and energy of courts
as well prosecution is willing to pay costs of Rs.50,000/-
(iii) The petitioner is ready to furnish bond/surety to the
satisfaction of the trial court;
(iv) The petitioner is not involved in any other offence;
(v) Co-accused(s) has/have already been acquitted, thus,
possibility of conviction is abysmally low;
(vi) The petitioner left India on 18.11.2014 whereas challan came
to be presented in 2015 and petitioner was declared proclaimed
person in 2015.
(vii) The petitioner is accused of commission of compoundable
offence.
(viii) Trial is pending since 2015 and petitioner is ready to face trial,
thus, no prejudice is going to be caused to prosecution or
complainant;
MOHIT KUMAR
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this court is of the considered opinion that present petition needs to
be allowed, and accordingly, petition is allowed. The petitioner is directed to
appear before trial Court on or before 26.12.2022 and on his doing so, the trial
court shall release him on bail on his furnishing bail bonds. The petitioner, as
agreed, shall pay costs of Rs.50,000/- to the District Legal Services Authority,
Ludhiana.
Disposed of in above terms.
( JAGMOHAN BANSAL )
JUDGE
05.12.2022
Mohit Kumar
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
MOHIT KUMAR
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authenticity of this order/judgment
