Lovepreet Singh Alias Lavi vs State Of Punjab And Another
2025 Latest Caselaw 2251 P&H

Punjab-Haryana High Court

Lovepreet Singh Alias Lavi vs State Of Punjab And Another on 15 February, 2025

                                Neutral Citation No:=2025:PHHC:022152




CRM-M-8254-2025                                                   1

       IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

 117                                                  CRM-M-8254-2025
                                                 Decided on : 15.02.2025

Lovepreet Singh @ Lavi                                       ......Petitioner
                                    Versus
State of Punjab and another
                                                           ......Respondents

CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

Present:     Mr. Amandeep Singh, Advocate and
             Mr. A.S. Brar, Advocate for the petitioner.

             Mr. Jasdeep Singh, DAG, Punjab.
             ****

SANJAY VASHISTH, J.

1. Instant petition, under Section 582 of the BNSS, 2023 (earlier Section 482 Cr.P.C.), has been filed for quashing of the order dated 09.01.2023(Annexure P-11), whereby the petitioner has been declared as proclaimed person, on account of his non-appearance in the following FIR:-

FIR No. Date            Section(s)               Police         District
                                                 Station

78         03.09.2021 323,324, 148, 149          Bajakhana      Faridkot
                      IPC (Section 325
                      IPC added lateron)

2. Learned counsel for the petitioner while referring to the

judgment dated 29.10.2024 (Annexure P-12), submits that the other co-

accused, namely; Jagjeet Singh @ Nikka and Amritpal Singh @ Mattu

faced complete trial and they have already been acquitted by the trial

Court. However, since, the petitioner was residing in Dubai and was not

having knowledge about the pendency of the case, was declared

proclaimed person by the trial Court vide order dated 09.01.2023

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Neutral Citation No:=2025:PHHC:022152

(Annexure P-11). He further submits that the petitioner has no

information in furtherance of declaration of proclaimed person/offender,

any other FIR under Section 174-A IPC registered against him.

Moreover, he wishes to surrender before the trial Court, and in such

eventuality prays for releasing him on bail, as he is interested to join

proceedings before the trial Court.

3. To the plea addressed, there is no serious objection by the

respondents and otherwise also, this Court is of the view that paramount

consideration of the Court is to secure presence of accused on each and

every date for speeding up the trial for its final conclusion. Already

Courts are flooded with so much litigations, resulting in slow pace of

work, because of more than one reason. The required energy and

manpower be used for expediting the proceedings of the Court, instead of

running after the accused persons to get hold of them.

4. Therefore, in the totality of circumstances and placing

reliance upon the order passed by this Court in the case of Hardeep

Kumar Saini @ Bhola Vs. State of Punjab (CRM-M-737-2025,

decided on 10.01.2025), I am of the opinion that granting the petitioner

an opportunity to appear before the trial Court, would serve the ends of

justice. This approach would also save considerable time, effort, and

resources in ensuring the petitioner's presence.

5. Therefore, it is directed that if petitioner on his own appears

before the learned trial Court on or before 28.02.2025, he would be

released on bail subject to his furnishing fresh bail bonds/surety bonds to

the satisfaction of the trial Court. Besides, petitioner would submit

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specific undertaking/affidavit that he will keep appearing during the

proceedings of the trial in future and the proceedings would not be

delayed because of his conduct.

6. However, this order shall be subject to the payment of

Rs.20,000/- (Rupees twenty thousand only) as costs, to be deposited by

the petitioner in an Old Age Home of the area, as may be decided by the

learned Trial Court. The Trial Court shall also specify the time frame

within which such costs will be required to be deposited.

7. Let costs amount be deposited and receipt be shown to the

concerned Court by appearing, failing which this order would not be of

any advantage to the petitioner, and the present order would become

inoperative..

8. Needless to mention here that on compliance of all the

conditions mentioned here-in-above, impugned order dated 09.01.2023

(Annexure P-11) and the subsequent orders would become inoperative

qua the petitioner.

9. With aforementioned terms, present petition stands disposed

of.

(SANJAY VASHISTH) JUDGE 15.02.2025 rashmi Whether Speaking/Reasoned: YES/NO Whether Reportable: YES/NO

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