Sukhwant Singh @ Pappu vs State Of Punjab And Another
2024 Latest Caselaw 17801 P&H

Punjab-Haryana High Court

Sukhwant Singh @ Pappu vs State Of Punjab And Another on 24 September, 2024

Author: Sandeep Moudgil

Bench: Sandeep Moudgil

                263
                           IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                          CHANDIGARH
                                                                         CRM-M-4637-2021
                                                       Date of Decision: September 24, 2024

                SUKHWANT SINGH @ PAPPU                                     ....Petitioner(s)

                VERSUS

                STATE OF PUNJAB AND ANOTHER                                ....Respondent(s)

                CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL


                Present:       Mr. P.K.S. Phoolka, Advocate
                               for the petitioner.

                               Mr. Malkiat Singh, DAG, Punjab.

                               ****

                SANDEEP MOUDGIL, J.(ORAL)

This petition has been filed by the petitioner under Section 482

Cr.P.C. seeking quashing of FIR No.106 dated 14.10.2013 under Sections

454, 380, 411 of IPC registered at Police Station Sadar Faridkot, District

Faridkot and quashing of order dated 17.12.2018 passed by Judicial

Magistrate 1st Class, Faridkot vide which the petitioner was declared as

proclaimed person.

Learned counsel for the petitioner submits that co-accused

persons in the instant FIR stands acquitted vide judgment of acquittal dated

26.02.2019 (Annexure P-2) and the petitioner claims himself to be similarly

situated in all probability for acquittal in the same terms. He further submits

that vide order dated 17.12.2018 vide which the petitioner was declared as

proclaimed person, 30 days stipulated period has not been calculated as per

the mandate of Section 82 Cr.P.C. inasmuch as he was not served in the

proceedings while executing the bailable/non-bailable warrants and

subsequently at the time of issuance of proclamation since he went abroad in

the year 2016 to Beirut. The petitioner came back to India on white passport

on 22.07.2020 and thereafter came to the knowledge regarding the acquittal

of the other accused as well as he stands proclaimed offender way back in

the year 2018 vide order dated 17.12.2018.

Be that as it may without going further into the merits of the

case as has been undertaken before this Court, the petitioner is ready to

surrender before the trial Court, taking the said assertion bona fide on the

part of the petitioner, the impugned order dated 17.12.2018 reproduced in

para-4 of the petition is hereby ordered to be set aside subject to the

condition, the petitioner will surrender before the trial Court within a period

of 10 days from today.

In case, such an application for bail is moved by the petitioner

before the learned trial Court, the same shall be considered on the same date

and decided in accordance with law.

However, it is made clear that in case the petitioner does not

abide by the aforesaid undertaking, the respondent/State shall be at liberty to

move an appropriate application for revival of the instant petition.

The aforesaid order/concession to the petitioner shall be subject

to payment of costs of Rs.10,000/- to be deposited with the Punjab and

Haryana High Court Employees Association, Chandigarh and a receipt of

the same be produced before the Trial Court and only in that eventuality,

application of the petitioner for seeking bail be considered and decided on

the same day in accordance with law.

It is further made clear that cost imposed upon the petitioner

should not be termed to be an order of bargain but is a penalty imposed on

account of causing delay in the trial proceedings which otherwise ought to

have been culminated in the year 2019 itself i.e. 05 years earlier in time.

The instant petition is disposed of in the aforesaid terms.

                                                                      (SANDEEP MOUDGIL)
                                                                            JUDGE
                24.09.2024
                Sangeeta

                               Whether reasoned/speaking:       Yes/No
                               Whether reportable:              Yes/No