Punjab-Haryana High Court
Pardeep Singh vs State Of Punjab And Anr on 19 December, 2023
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
Neutral Citation No:=2023:PHHC:163330
CRM-M-55328-2022(O&M) #1# 2023:PHHC:163330
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH.
CRM-M-55328-2022(O&M)
Date of Decision:-18.12.2023
Pardeep Singh.
......Petitioner.
Versus
State of Punjab & Anr.
......Respondents.
CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:- Mr. Rajiv Joshi, Advocate for the Petitioner.
Mr. Mohit Kumar, AAG Punjab.
***
JASJIT SINGH BEDI, J. (ORAL)
The prayer in the petition under Section 482 Cr.PC is for
quashing of the order dated 22.09.2009 (Annexure P-3) passed by JMIC,
Phillaur declaring the petitioner a proclaimed offender in FIR No.38 dated
23.04.2004 under Sections 323, 324, 326, 34 IPC Police Station Bilga,
District Jalandhar.
On 30.11.2022 the following order was passed:-
" Learned counsel for the petitioner inter alia contends
that as per the proclamation dated 13.03.2009, the petitioner
was required to appear on 07.05.2009 but the case was never
taken up on 07.05.2009 and was taken up on 08.05.2009. It is
further submitted that in the present case, there were two other
accused who were tried and were acquitted by the Sub
Divisional Judicial Magistrate, Phillaur vide judgment dated
15.03.2010 as the star witnesses of the prosecution i.e. PW2,
PW3 and PW4 had not supported the prosecution version. It is
1 of 3
Neutral Citation No:=2023:PHHC:163330
CRM-M-55328-2022(O&M) #2# 2023:PHHC:163330
contended that the petitioner was also under the impression
that the matter has been compromised and finally settled and
had thus, stopped appearing but now submits that the petitioner
is ready to appear before the trial Court within a period of one
month from today and has further submitted that the petitioner
in order to show his bona fide, is ready to deposit an amount of
Rs.50,000/- with the trial Court within the aforesaid period and
has no objection in case the said amount is released to the
complainant by the trial Court, without admitting his liability.
Notice of motion for 10.01.2023.
In the meantime, the operation of the order dated
22.09.2009 (Annexure P-3) is stayed subject to the petitioner
appearing before the trial Court within a period of one month
from today and on his appearance, the trial Court is directed to
release the petitioner on bail on his furnishing bail
bonds/surety bonds to the satisfaction of the concerned trial
Court. The same would also be subject to the petitioner
depositing an amount of Rs.50,000/- within the stipulated time
with the trial Court, which would be paid to the complainant by
the trial Court and would also be subject to the petitioner
giving an undertaking to the trial Court that he would appear
before the trial Court on each and every date unless his
appearance is specifically exempted by the Court.
It is made clear, that in case, the abovesaid conditions
are not complied with within the aforesaid period, then the
present interim relief granted in favour of the petitioner would
be liable to be vacated.
The payment of the amount of Rs.50,000/- would not be
construed as an admission of guilt by the petitioner."
Thereafter on 23.03.2023 the following order was passed:-
" CRM-12019-2023
Allowed as prayed for.
CRM stands disposed of.
CRM-12020-2023
After hearing learned counsel for the applicant-petitioner
2 of 3
Neutral Citation No:=2023:PHHC:163330
CRM-M-55328-2022(O&M) #3# 2023:PHHC:163330
and going through the contents of the application, the
applicant-petitioner is granted 15 days from today to put in
appearance before the trial court in terms of the order of this
Court dated 30.11.2022.
CRM stands disposed of."
In deference to the aforementioned orders the petitioner has
surrendered and was admitted to bail. On conclusion of the Trial he stands
acquitted vide judgment dated 03.08.2023.
In view of the above, no further orders are required to be passed
by this Court.
Disposed of.
( JASJIT SINGH BEDI )
JUDGE
December 19, 2023
Vinay
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
Neutral Citation No:=2023:PHHC:163330
3 of 3
