Yashpal Singh @ Jaspal Singh vs State Of Punjab
2023 Latest Caselaw 9064 P&H

                                                         Neutral Citation No:=2023:PHHC:082148




 CRM-M-29207-2023 (O&M)                               N.C. No.2023:PHHC:082148
                                                                 - 1-

             IN THE HIGH COURT OF PUNJAB & HARYANA
                          AT CHANDIGARH
151
                                                  CRM-M-29207-2023 (O&M)
                                                  Date of decision: 15.06.2023
Yashpal Singh @ Jaspal Singh
                                                                            ....Petitioner
                                Versus


State of Punjab
                                                                          ...Respondent

CORAM:       HON'BLE MR. JUSTICE AMAN CHAUDHARY

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

             Mr. Kamalpreet Bawa, AAG Punjab
                        *****

AMAN CHAUDHARY. J.

1. The present petition has been filed under Section 482 CrPC for

quashing the impugned order dated 15.01.2019 passed by learned Judicial

Magistrate First Class, Garhshankar, Annexure P-2, in FIR No.42 dated

17.04.2017 registered under Sections 406, 420 IPC and Section 24 of the

Immigration Act, at Police Station Mahalpur, District Hoshiarpur, whereby the

petitioner was declared proclaimed offender.

2. Learned counsel contends that the FIR was lodged when the

petitioner was not in the country and was residing in Cambodia regarding which

reliance is placed on Annexure P-4 dated 10.01.2017, which was an amount that

he had received through Western Union in Cambodia. He returned to India on

28.10.2019, and to substantiate this fact he draws the attention of the Court to the

copy of the passport, Annexure P-3. He submits that thereafter a compromise

dated 06.06.2022 has been arrived at between the parties, based on which the

petitioner had filed a petition bearing CRM-M-49550-2022, which was however

dismissed as withdrawn in view of the fact that the he had been declared a

1 of 3

Neutral Citation No:=2023:PHHC:082148

CRM-M-29207-2023 (O&M) N.C. No.2023:PHHC:082148

- 2-

proclaimed offender. He submits that the petitioner has been declared proclaimed

offender without complying with the procedure as envisaged under Sections 82

and 105 Cr.P.C. The non-appearance of petitioner before the trial Court in the

proceedings is neither wilful nor deliberate but for aforesaid reasons. He is ready

and willing to surrender before the trial Court for which he prays for grant of one

opportunity, which may even be, subject to payment of costs. Reliance is placed

on the decisions in Gurbir Singh Mundi vs. State of Punjab and another CRM-

M-49283-2021, decided on 16.12.2021 and CRM-M-38014 of 2022 titled as

Narinder Kaur Vs. State of Punjab and others decided on 11.10.2022

3. Learned State counsel opposes the petition by submitting that the

impugned order is legal and valid and has been rightly passed by the learned trial

Court on account of non-appearance of the petitioner.

4. Heard.

5. In the case of Gurbir Singh Mundi (supra), it was held that

provisions of Section 82(2) Cr.PC. are to be mandatorily complied with

cumulatively and not alternatively. The Court had quashed the order declaring the

petitioner therein as proclaimed person on the ground that declaration was not read

publicly in some conspicuous place of town or village, in which the accused

ordinarily resides.

6. In Narinder Kaur (supra), wherein the dispute had been

compromised between the parties, this Court ordered the petitioner, who was

declared a proclaimed person while she was living abroad, to surrender before the

trial Court, upon which she was to be released on bail.

7. The very purpose of issuance of non-bailable warrants, is to compel

and secure the presence of the accused to face trial and establish the rule of law so

2 of 3

Neutral Citation No:=2023:PHHC:082148

CRM-M-29207-2023 (O&M) N.C. No.2023:PHHC:082148

- 3-

as to ensure finalization of the proceedings.

8. Adverting to the facts of the present case, the FIR was registered

against the petitioner when he was abroad and the proclamation proceedings were

initiated without effecting service upon him, were not justified. However, it is still

incumbent upon him to join the proceeding, for the culmination of the same.

Considering the fact that the absence of the petitioner being not wilful or

deliberate and his readiness and willingness to surrender, in case he is granted one

opportunity, to surrender before the trial Court. Therefore, in order to secure the

ends of justice and finding judgments referred to above, being applicable to the

instant case, the present deserves to be allowed.

9. In view of the afore-referred judgments and facts and circumstances

of the case, the order dated 15.01.2019 passed by learned Judicial Magistrate First

Class, Garhshankar, Annexure P-2 is set aside, subject to deposit of Rs.10,000/-

with the District Bar Association, Hoshiarpur and the petitioner is directed to

surrender before the trial Court on or before 25.06.2023 and he be released on bail

subject to furnishing fresh bail bonds.

10. Before parting with this order, it is made abundantly clear that in case

the petitioner does not adhere to the aforesaid, the present petition shall be deemed

to have been dismissed without any reference to this Court.

                                                     (AMAN CHAUDHARY)
                                                           JUDGE
15.06.2023
S.Sharma(syr)

        Whether speaking/reasoned                :      Yes/No

        Whether reportable                       :      Yes/No


                                                            Neutral Citation No:=2023:PHHC:082148

                                        3 of 3