Kamaljit Singh Alias Kamaljeet ... vs State Of Punjab
2023 Latest Caselaw 11089 P&H

                                                       Neutral Citation No:=2023:PHHC:095990




                                                             2023:PHHC:095990
                                                                            -1-
CRM-M-25687-2023


      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                           CRM-M-25687-2023
                                           Date of decision:27.07.2023


Kamaljit Singh @ Kamaljeet Singh
                                                             ...Petitioner

                                    Versus

State of Punjab                                         .....Respondent

CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:-   Mr. Amandeep Saini, Advocate,
            for the petitioner.

HARNARESH SINGH GILL, J. (ORAL)

Challenge in the present petition is to the order dated

11.09.2018 (Annexure P-6) passed by learned Sub Divisional Judicial

Magistrate, Balachaur, vide which the petitioner has been declared a

proclaimed offender in case bearing FIR No.182 dated 15.12.2017,

registered at Police Station Balachaur, District SBS Nagar, under Sections

406 and 420 IPC.

Learned counsel for the petitioner contends that when the

above-noted FIR was registered, the petitioner was abroad and he had no

knowledge qua the registration of the present FIR and that proclamation

proceedings initiated against the petitioner are not in accordance with the

provisions of Section 82 Cr.P.C. It is further submitted that the matter has

been compromised between the parties and a petition seeking quashing of

FIR is still pending adjudication before this Court. It is further submitted

that the petitioner is ready to surrender before the concerned Court and to

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face the trial.

Notice of motion.

On the asking of this Court, Mr. C.L.Pawar, Addl. A. G.

Punjab, accepts notice on behalf of the respondent-State, and submits that

the petitioner had been absconding from the Court of law and thus, he does

not deserve any concession, at this belated stage.

I have heard the learned counsel for the parties.

The objective of the coercive mechanism prescribed under the

Code of Criminal Procedure is to ensure that the accused remains present

before the Court to receive the orders and judgments as are passed qua the

accused. If the accused shows his sincere intention and desire to appear

before the Court, then it would not be unjustified to protect him from being

arrested.

When the above-noted FIR was registered, the petitioner was

not in India. As stated above, the matter has been compromised between

the parties. The petitioner is ready to face the trial. In such circumstances,

this Court finds that no useful purpose would be served by sending the

petitioner to custody.

Keeping in view the above facts, but without expressing any

opinion on the merits of the case, the impugned order dated 11.09.2018

(Annexure P-6), along with all the consequential proceedings arising

therefrom, is hereby set aside, subject to depositing the costs of Rs.20,000/-

by the petitioner with the District Legal Services Authority, SBS, Nagar.

The petitioner is directed to surrender before the trial Court/Duty

Magistrate, within 10 days from today and on doing so, he shall be released

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on bail, subject to him furnishing fresh bail/surety bonds to the satisfaction

of the trial Court/Duty Magistrate.

27.07.2023                                     (HARNARESH SINGH GILL)
parveen kumar                                        JUDGE

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




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