Punjab-Haryana High Court
Ranjit Singh vs State Of Punjab on 5 March, 2024
Author: Karamjit Singh
Bench: Karamjit Singh
Neutral Citation No:=2024:PHHC:031145
CRM-M-11597-2024 (O&M) 2024 : PHHC : 031145
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
CRM-M-11597-2024 (O&M)
Date of Decision: 5.3.2024
Ranjit Singh
....Petitioner
VERSUS
State of Punjab
....Respondent
CORAM:- HON'BLE MR. JUSTICE KARAMJIT SINGH
Present:
Ms. Anmol, Advocate assisted by
Ms. Tanisha, Advocate,
for the petitioner.
*******
KARAMJIT SINGH, J. (Oral)
The present petition has been filed by the petitioner seeking
quashing of order dated 27.10.2022 Annexure P-5 passed by the Court of
Additional Sessions Judge, Jalandhar whereby the petitioner has been
declared as proclaimed person in criminal case having FIR No.188 dated
27.06.2017 under Sections 379-B, 212, 216, 482, 420 of IPC, 25 Arms Act
and Sections 15, 18, 20, 21, 22 of NDPS Act Police Station Sadar Nakodar,
District Jalandhar.
2. Counsel for the petitioner submits that the he petitioner has
been falsely implicated in the present case. That after the registration of the
FIR the petitioner was arrested and granted regular bail vide order dated
26.7.2017 and copy of the same is placed on record; that thereafter due to
some unavoidable circumstances, the petitioner failed to appear in the trial
Court and consequently, his bail order was cancelled and finally he was
declared proclaimed offender vide order Annexure P-5. That the other
accused who faced trial was acquitted by the Court of Additional Sessions
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Judge, Jalandhar vide judgment dated 19.07.2023 Annexure P-6. It is
further contended that proper procedure was not followed by the learned
trial Court while passing the impugned order and the same deserves to be
set aside.
3. Notice of motion.
4. Mr. J.S.Dhaliwal, AAG, Punjab accepts notice on behalf of the
State. The state counsel while resisting the present petition submits that the
petitioner jumped bail and consequently, he was declared proclaimed
offender by the learned trial Court after following proper procedure and that
there is no illegality in the impugned order Annexure P-5. However, the
State counsel on instructions from ASI Zorawar Singh has not disputed the
fact that co-accused Harpreet Singh @ Happy stands acquitted on
conclusion of trial.
5. I have considered the submissions made by counsel for the
parties.
6. As per impugned order Amanpreet Singh, Jaspreet Singh and
present petitioner Ranjit Singh were declared as proclaimed offender. From
the perusal of order dated 29.08.2022 passed by the learned trial Court, it
appears that the proclamation of concerned accused persons was issued for
27.09.2022. The said proclamation appears to be effected on 24.09.2022 and
the persons concerned were directed to appear in the Court concerned on
27.09.2022 as per said proclamation. So it appears that the proclamation
proceedings were not conducted by the learned trial Court in conformity
with the provisions of Section 82 of Cr.P.C which provides that at least 30
days period is to be given to the person concerned for his appearance before
the Court concerned from the date of publishing of such proclamation. In
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the present case, the statutory prescribed period of 30 days was not provided
to the petitioner to appear in the Court concerned. Thus, the impugned order
Annexure P-5 was not passed in accordance with the statutory provisions of
Section 82 of Cr.P.C. So the impugned order deserves to be set aside.
7. Consequently, the present revision petition is allowed and
impugned order Annexure P-5 is set aside. The petitioner is directed to
appear before the learned trial Court within next 10 days and to file
application for grant of regular bail which is to be decided by the learned
trial Court in accordance with law within 3 days thereof and till then in case
of arrest the petitioner is to be released on interim bail by the trial
Court/arresting officer to his own satisfaction.
8. The petition stands disposed of in aforesaid terms.
( KARAMJIT SINGH )
JUDGE
March 5, 2024
Paritosh Kumar
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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