Punjab-Haryana High Court
Sarabjit Singh Alias Mani vs State Of Punjab on 19 January, 2024
Neutral Citation No:=2024:PHHC:007511
2024:PHHC:007511
120 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-2540-2024
Date of decision: 19.01.2024
Sarabjit Singh @ Mani ....Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: Mr. A.S. Bhatti, Advocate
for the petitioner.
Mr. Subhash Godara, Addl.A.G., Punjab.
HARPREET SINGH BRAR, J. (ORAL)
The prayer in the present petition under Section 482 Cr.P.C. is for
quashing of order dated 09.01.2024 (Annexure P-5) (wrongly mentioned as
'09.01.2014' in the head note) passed by the learned Additional Sessions Judge,
Hoshiarpur, vide which the petitioner has been declared as proclaimed offender
in case bearing FIR No.0173 dated 27.07.2021 under Section 21 of the NDPS
Act (Sections 25/29 of the NDPS Act added later on) registered at Police
Station Tanda District Hoshiarpur.
2. Learned counsel appearing for the petitioner inter alia contends
that the petitioner was regularly appearing before the learned trial Court,
however, on 18.07.2023, he failed to attend the trial Court proceedings as the
judicial complex was shifted to new judicial complex and due to this confusion,
he could not appear before the learned trial Court and when he reached at new
Judicial Complex after 12 Noon, then his counsel informed him that due to his
absence, his bail order was cancelled and his bail bonds/surety bonds were
forfeited to State and the petitioner was ordered to be summoned through non-
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bailable warrants of arrest for 05.10.2023. On 05.10.2023, the trial Court
issued proclamation of the petitioner in a mechanical manner and report was
called for 11.12.2023. On 11.12.2023, the Presiding Officer was on leave and
the case was adjourned for 09.01.2024. It is further submitted that the learned
trial Court declared the petitioner as proclaimed offender on 09.01.2024
(Annexure P-5). Aggrieved by the said impugned order dated 09.01.2024
(Annexure P-5), the petitioner has approached this Court by way of instant
petition.
3. Learned counsel appearing for the petitioner submits that the
petitioner was never served with any bailable warrants, non-bailable warrants or
even any proclamation and as per the statement suffered by the serving
constable, at the time of effecting proclamation, he did not meet the petitioner at
the given address and, therefore, the finding of the trial Court that the petitioner
is intentionally evading his arrest, is erroneous. Ultimately, vide impugned
order dated 09.01.2024, the petitioner has been declared as proclaimed offender.
It is contended that the impugned order is liable to be set aside on the ground
that the mandate of Section 82 of Cr.P.C. has not been followed in its letter and
spirit by the trial Court.
4. It is also submitted that the petitioner undertakes to appear before
the trial Court on each and every date of hearing.
5. Notice of motion.
6. Mr. Subhash Godara, Addl.A.G., Punjab, who is present in Court,
accepts notice for the respondent and supports the order passed by the learned
trial Court by contending that the petitioner did not put in appearance before the
trial Court intentionally and deliberately and, therefore, having left with no
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other option, proclamation was issued to secure his presence.
7. I have heard learned counsel for the parties and perused the record
of the case with their able assistance and with the consent of parties, the matter
is taken up for final disposal.
8. While the scheme of criminal justice system necessitates
curtailment of personal liberty to some extent, it is of the utmost importance
that the same is done in line with the procedure established by law to maintain a
healthy balance between personal liberty of the individual-accused and interests
of the society in promoting law and order. Such procedure must be compatible
with Article 21 of the Constitution of India i.e. it must be fair, just and not
suffer from the vice of arbitrariness or unreasonableness.
9. A perusal of the impugned order reveals that the trial Court issued
proclamation without recording reasons of its belief that the petitioner has
absconded or is concealing himself. This Court in the judgment passed in
Major Singh @ Major Vs. State of Punjab 2023 (3) RCR (Criminal) 406;
2023 (2) Law Herald 1506 has held that the Court is first required to record its
satisfaction before issuance of process under Section 82 of Cr.P.C. and non-
recording of the satisfaction itself makes such order suffering from incurable
illegality. In the judgment passed by this Court in Sonu Vs. State of Haryana
2021 (1) RCR (Crl.) 319, it has been held that the conditions specified in
Section 82 (2) Cr.P.C. for the publication of a proclamation against an
absconder are mandatory. Any non-compliance therewith cannot be cured as an
'irregularity' and renders the proclamation and proceedings subsequent thereto
a nullity.
10. The sole purpose of issuance of non-bailable warrants or issuance
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of proclamation is to secure presence of the accused before the trial Court. The
petitioner in the present case has himself come forward and has undertaken to
appear before the trial Court on each and every date of hearing.
11. In view of the aforesaid facts and circumstances, the present
petition is allowed. The impugned order dated 09.01.2024 (Annexure P-5),
vide which the petitioner was declared as proclaimed offender, is hereby set
aside.
12. The petitioner is directed to appear before the trial Court within a
period four weeks from today and on his doing so, he shall be admitted
to bail on his furnishing the adequate bail bonds and surety bonds to the
satisfaction of the trial Court, along with costs of Rs.10,000/- to be deposited
with the District Legal Services Authority, Hoshiarpur, for wasting precious
time of the Court.
(HARPREET SINGH BRAR)
JUDGE
19.01.2024
Neha
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2024:PHHC:007511
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