Punjab-Haryana High Court
Dharmpreet Singh vs State Of Punjab And Another on 4 September, 2023
Neutral Citation No:=2023:PHHC:115946
CRM-M-44179-2023 2023:PHHC:115946
- 1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
125
CRM-M-44179-2023
Date of decision: 04.09.2023
Dharmpreet Singh
....Petitioner
Versus
State of Punjab and another
...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
****
Present : Mr. V.P. Singh, Advocate for the petitioner.
****
AMAN CHAUDHARY, J.
1. The present petition has been filed under Section 482 Cr.P.C. for
quashing of impugned order dated 28.01.2020, Annexure P-4, whereby the
petitioner has been declared as proclaimed person in FIR No.74 dated
22.06.2017, registered under Sections 323, 341, 148 and 149 IPC at Police
Station Lohian, District Jalandhar Rural.
2. Learned counsel contends that the petitioner was granted regular
bail in the year 2017 and thereafter, challan was presented on 06.09.2017. He
continued to appear before the trial Court for 01 year and about 08 months till
01.05.2019. The complainant was closely related to all other co-accused and
the petitioner did not receive any summons and was under the impression that
the matter was compromised and had gone abroad, thereafter, due to covid-19
pandemic and visa restrictions, he could not return to India. The summons of
the Court were also not received by him on account of the fact that the
1 of 4
Neutral Citation No:=2023:PHHC:115946
CRM-M-44179-2023 2023:PHHC:115946
- 2-
ancestral land in village Chak Bandala, Police Station Lohian was sold and
his grand-mother and his father shifted to Guru Nanak Colony, Ward No.1,
Lohian, Tehsil Shahkot. He was declared proclaimed person 28.01.2020,
Annexure P-4 and on reaching India in the month of February, 2023, he came
to know that the trial had already culminated wherein co-accused were
released on probation by the trial Court vide judgment dated 13.04.2023. The
absence of the petitioner was neither wilful nor deliberate but was on account
of the reason aforesaid. Further that he is ready and willing to join the
proceedings and prays for grant of one opportunity to him to surrender before
the learned trial Court, even if the same is subject to costs. Reliance is placed
on the orders of this Court in CRM-M-38277-2022 dated 26.08.2022, in the
case of Surjit Singh vs. State of Punjab, CRM-M-39000-2022, titled as
Raghav vs. State of Punjab, decided on 09.09.2022 and CRM-M-36490-
2022, titled as Major Singh vs. State of Punjab, decided on 15.9.2022.
3. Notice of motion.
4. Ms. Himani Arora, AAG, Punjab, who has appeared on receipt
of advance copy of the petition, opposes the same by submitting that the
impugned order is legal and valid and has been rightly passed by the trial
Court on account of non-appearance of the petitioner.
5. Heard.
6. The very purpose of initiation of proclamation proceedings, is to
compel and secure the presence of the accused to face trial and establish the
rule of law, as also to ensure finalization of the proceedings.
2 of 4
Neutral Citation No:=2023:PHHC:115946
CRM-M-44179-2023 2023:PHHC:115946
- 3-
7. Adverting to the facts of the present case, the reasons for
non-appearance of the petitioner that led to the passing of the impugned order,
appear to be justified. At times, the accused can be prevented by sufficient
reasons to put an appearance before the Court and such an absence cannot
necessarily be construed as deliberate and wilful. However, it is incumbent
upon him to join the proceedings, before the trial Court, for the culmination of
the same. Considering the fact that the absence of the petitioner was not
wilful or deliberate and his readiness and willingness to surrender and join the
proceedings, in case one opportunity is granted to the petitioner, no prejudice
shall be caused to any of the parties, rather his joining the proceedings would
help in expediting the trial. Thus, in order to make the ends of justice meet
and finding judgments referred to above being applicable to the instant case,
the present petition deserves to be allowed.
8. In view of the afore-referred orders and the facts and
circumstances of the case, the impugned order dated 28.01.2020, Annexure
P-4 is set aside subject to surrender by the petitioner before the trial Court on
or before 15.09.2023 subject to costs of Rs.25,000/- to be deposited with
Punjab and Haryana High Court Bar Association Lawyer's Family Welfare
Fund, A/c No.41564846387, SBI High Court Branch. On furnishing
bail/surety bonds, the trial Court shall release him on bail subject to its
satisfaction. He is also directed to furnish an undertaking by way of an
affidavit that he will appear on each and every date of hearing before the trial
Court, unless specifically exempted by the Court. He shall not leave the
country without prior permission of the Court. The trial Court may impose
3 of 4
Neutral Citation No:=2023:PHHC:115946
CRM-M-44179-2023 2023:PHHC:115946
- 4-
any other condition that it may deem appropriate in the facts and
circumstances of the present case.
9. The present petition is allowed in part.
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
04.09.2023
Ankur
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
Neutral Citation No:=2023:PHHC:115946
4 of 4
