Gurcharan Singh vs State Of Punjab
2023 Latest Caselaw 16600 P&H

                                                         Neutral Citation No:=2023:PHHC:125015




                                                                  2023:PHHC:125015

       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

116                                              CRM-M-47833-2023 (O&M)
                                                 Date of decision: 22.09.2023

Gurcharan Singh                                                       ...Petitioner
                                        Versus

State of Punjab                                                       ...Respondent

CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:    Mr. B.S. Jatana, Advocate for the petitioner.

                     ****

HARNARESH SINGH GILL, J. (ORAL)

Prayer in the petition is for quashing/setting aside the impugned

order dated 06.09.2023 (Annexure P-17) passed by the learned ACJM,

Mansa, in case FIR No.54 dated 01.04.2021 registered under Sections 420,

465, 467, 468, 471, 120-B IPC at Police Station City-2, Mansa, District

Mansa, whereby the petitioner has been declared a proclaimed offender, along

with all the subsequent proceedings arising therefrom.

Learned counsel for the petitioner submits that the petitioner was

granted regular bail vide order dated 02.09.2022 passed by this Court after 01

year and 03 months custody, thereafter, the petitioner was regularly appearing

before the learned trial Court. It is further submits that because of disc

problem and eye-surgery, the petitioner could not appear before the Court on

24.02.2023, his application for personal appearance was also dismissed on

the same day and accordingly, his surety/bail bonds were cancelled and

forfeited to the State and non-bailable warrants of arrest were issued against

him. On 19.07.2023, the learned trial Court has ordered to issue publication

of proclamation of petitioner and the case was adjourned to 22.08.2023 and as

per the statement of serving Constable recorded on 22.08.2023, the

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proclamation notice was pasted on 05.08.2023 on public place and the

petitioner was declared as a proclaimed offender on 06.09.2023, which is a

clear-cut case of non-compliance of mandatory provisions.

He further submits that non-appearance of the petitioner was not

intentional and that the petitioner is ready to appear before the learned trial

Court. The complainant and victim have already turned hostile.

Notice of motion.

On the asking of this Court, Mr. C.L. Pawar, Addl. AG Punjab,

accepts notice on behalf of the respondent-State.

It is a case, wherein the petitioner had been regularly appearing

before the Court, but only on a solitary date i.e. 24.02.2023, he could not

appear before the trial Court because of health problems and now he is ready

to appear before the learned trial Court to face the trial. The non-appearance

of the petitioner appears to be not intentional.

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.

Keeping in view the above fact, the order dated 06.09.2023

(Annexure P-17) passed by the learned ACJM, Mansa, in case FIR No.54

dated 01.04.2021 registered under Sections 420, 465, 467, 468, 471, 120-B

IPC at Police Station City-2, Mansa, District Mansa, whereby the petitioner

has been declared a proclaimed offender, is set aside subject to him

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depositing the costs of Rs.20,000/- with the District Legal Services Authority,

Mansa. On his doing so, the petitioner shall be released on bail, subject to him

furnishing the fresh bail/surety bonds to the satisfaction of the trial

Court/Duty Magistrate.

Disposed of.

                                   (HARNARESH SINGH GILL)
22.09.2023                               JUDGE
Mangal Singh



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




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