Punjab-Haryana High Court
Manish @ Manish Singh @ Manu vs State Of Punjab on 18 March, 2024
Neutral Citation No:=2024:PHHC:038327
CRM-M-13487-2024 -1-
2024:PHHC:038327
132
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-13487-2024 (O&M)
Date of decision: 18.03.2024
Manish @ Manish Singh @ Manu
... Petitioner
Vs.
State of Punjab
... Respondent
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: Mr. Brahmjot Singh Nahar, Advocate
for the petitioner.
*******
HARPREET SINGH BRAR, J. (ORAL)
The prayer in the present petition under Section 482 Cr.P.C. is
for quashing the impugned orders dated 03.08.2023 (Annexure P-2), dated
03.11.2023 (Annexure P-3), dated 11.12.2023 (Annexure P-4) and dated
01.02.2024 (Annexure P-5) passed by the learned trial Court, vide which the
petitioner has been summoned through non-bailable warrants of arrest and
the order dated 15.02.2024 (Annexure P-6) passed in FIR No.36 dated
04.04.2020 under Sections 61/1/14 of Punjab Excise Act, 1914, registered at
Police Station Anandpur Sahib, District Rupnagar, vide which proceedings
for declaring him as proclaimed offender have been initiated as well as all
consequential proceedings emanating therefrom.
1 of 4
Neutral Citation No:=2024:PHHC:038327
2024:PHHC:038327
2. Learned counsel appearing for the petitioner, inter alia,
contends that that the petitioner is serving in the armed forces and he was
granted the concession of interim bail in view of general directions dated
10.04.2020 issued by this Court. On 03.08.2023, 03.11.2023, 11.12.2023 and
01.02.2024, learned trial Court issued summons through non-bailable
warrants of arrest, to the petitioner and due to some avoidable circumstances,
he could not appear. Now vide order dated 15.02.2024 (Annexure P-6), the
learned trial Court initiated the proceedings for declaring the petitioner as
proclaimed offender. Aggrieved by the said impugned orders, the petitioner
has approached this Court by way of instant petition.
3. Learned counsel appearing for the petitioner submits that the
impugned orders are liable to be set aside on the ground that the mandate of
Section 82 Cr.P.C. has not been followed in its letter and spirit by the learned
trial Court. In support of his arguments, counsel for the petitioner relies upon
the judgment passed by this Court in Sonu vs. State of Haryana 2021 (1)
RCR (Cri.) 319 and the judgment passed by the Gujarat High Court in
Govindbhai Patel Vs. State of Gujarat 2004 (4) RCR (Criminal) 830.
4. Learned counsel appearing for the petitioner submits that the
non-appearance of the petitioner was not deliberate and intentional and thus,
aggrieved by the said orders, he has approached this Court by way of instant
petition. It is contended that the impugned orders are liable to be set aside on
the ground of unintentional non-appearance of the petitioner, as stated above.
5. It is also submitted that the petitioner undertakes to appear
2 of 4
Neutral Citation No:=2024:PHHC:038327
2024:PHHC:038327
before the trial Court on each and every date.
6. Notice of motion.
7. Mr. Subhash Godara, Addl. AG, Punjab, who is present in
Court, accepts notice on behalf of the respondent and submits that the
impugned orders have been passed on the sole ground of the absence of the
petitioner, however, it is not disputed by him that petitioner was already on
bail.
8. 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.
9. A perusal of the order dated 15.02.2024 (Annexure P-6) reflects
that the trial Court proceeded to initiate proceedings for declaring the
petitioner as proclaimed offender. Many a times, the accused can be
prevented by sufficient reasons to put an appearance before the Court on a
given date and, therefore, it necessarily cannot be construed as a deliberate
and wilful absence. The explanation offered for non-appearance before the
trial Court is justified and, therefore, the same is accepted.
10. 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
3 of 4
Neutral Citation No:=2024:PHHC:038327
2024:PHHC:038327
i.e. it must be fair, just and not suffer from the vice of arbitrariness or
unreasonableness.
11. The sole purpose of issuance of non-bailable warrants 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.
12. In view of the aforesaid facts and circumstances, the present
petition is allowed. The impugned orders dated 03.08.2023 (Annexure P-2),
dated 03.11.2023 (Annexure P-3), dated 11.12.2023 (Annexure P-4) and
dated 01.02.2024 (Annexure P-5), vide which the petitioner has been
summoned through non-bailable warrants of arrest and the order dated
15.02.2024 (Annexure P-6), vide which proceedings for declaring him as
proclaimed offender have been initiated, are hereby set aside.
13. The petitioner is directed to appear before the trial Court within
a period of four weeks from today and on his doing so, he shall be admitted
to bail on his furnishing 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, Rupnagar, for wasting precious time of the Court.
[ HARPREET SINGH BRAR ]
18.03.2024 JUDGE
vishnu
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
4 of 4
