Punjab-Haryana High Court
Onkar Singh vs State Of Punjab on 26 September, 2024
Author: Anoop Chitkara
Bench: Anoop Chitkara
CRM-M-47115-2024
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-47115-2024
Date of Decision: 26.09.2024
Onkar Singh ...Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Rishu Mahajan, Advocate
for the petitioner.
Ms. Swati Batra, D.A.G., Punjab.
****
ANOOP CHITKARA, J.
FIR No. Dated Police Station Sections
111 26.06.2019 Majitha, Amritsar 302, 148, 149 IPC
1. Seeking quashing of the order dated 25.03.2021 passed by Judicial Magistrate Ist
Class, whereby the petitioner was declared as a proclaimed offender, the petitioner has
come up before this Court under Section 528 BNSS.
2. Earlier the petitioner has filed similar petition, which was registered as CRM-M
No. 31344 of 2024 with the same prayer. This Court had asked the petitioner to surrender
before the concerned Court on or before 31.08.2024 by 11:00 A.M. and also to avail legal
remedy available to him. Petitioner claims to have surrendered prior to that and filed an
anticipatory bail, which was dismissed by the trial court.
3. Counsel for the petitioner submits that the trial court should not have dismissed
the bail application on the ground that petitioner was a proclaimed offender.
4. State counsel submits that the petitioner was not on bail in the case under Section
302 IPC and he was untraced and that is why he was declared as proclaimed offender.
Now under the garb of setting aside of the proclamation order, the petitioner wants a
blanket bail order from this Court without even resorting to the statutory provisions and
has sought dismissal of the present petition. State counsel further submits that even
earlier this Court had asked the petitioner to surrender and he had surrendered and as
such the remedy was to file regular bail under Section 439 CrPC/483 of BNSS and not
under Section 438 CrPC/482 BNSS, 2023.
authenticity of this order/judgment
CRM-M-47115-2024
5. Vide earlier order dated 21.08.2024, the petitioner was directed to surrender by
11:00 A.M. on 31.08.2024. He is stated to have complied with and surrendered, however,
he filed a bail application before that Court. Thus, it is clarified that the earlier
proclamation order dated 25.03.2021 is deemed to have been quashed and set aside as
petitioner surrendered before the concerned court on or before 08.10.2024 by 11:00 A.M.
It is clarified that this order shall not be construed as an order of bail and since the
petitioner's bail is already stated to have been dismissed, this order shall not entitle the
petitioner to file a second anticipatory bail before the concerned court. However, the
petitioner already file an application for anticipatory bail before this court, the said bail
application shall not be rejected, merely, because proclamation proceedings were
pending. It is further clarified that if the petitioner neither get any interim protection from
this Court in the bail petition filed by him and also does not appear before the concerned
court within a week of the disposal of bail petition, then the present order as well as the
previous order dated 21.08.2024 shall stand recalled automatically without any further
reference to this Court u/s 362 CrPC/403 BNSS, 2023.
6. Petition stands disposed of in the aforesaid terms. All pending applications, if any
also stands disposed.
(ANOOP CHITKARA)
JUDGE
26.09.2024
Jyoti Sharma
Whether speaking/reasoned: Yes
Whether reportable: No.
authenticity of this order/judgment
