Punjab-Haryana High Court
Deepak Kumar Alias Billa vs State Of Punjab on 3 March, 2025
Neutral Citation No:=2025:PHHC:029549
127 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-9315-2025
Date of decision: 03.03.2025
DEEPAK KUMAR ALIAS BILLA
...PETITIONER
V/S
STATE OF PUNJAB
...RESPONDENT
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: Mr. Sandeep Kumar, Advocate
for the petitioner.
****
HARPREET SINGH BRAR,
BRAR J. (ORAL)
1. This petition filed under Section 528 Bharatiya Nagarik Suraksha
Sanhita (BNSS),
(BNSS), 2023 seeking setting aside/quashing of impugned orders
dated 02.08.2024 (Annexure P-2),
P 2), 06.011.2024 (Annexure P
P-9), whereby, bail
of the petitioner has been cancelled and his bail/surety bonds were forfeited
and his non-bailable
bailable warrants
wa were issued and order dated 02.01.2025
(Annexure P-15)
15),, vide which, he was declared as proclaimed offender passed
by learned Judicial Magistrate Ist Class, Jagraon, in case stemming
from FIR No.109 dated 02.11.2019 registered under Sections
457/380/427 of IPC at Police Station Sudhary, District Ludhiana Rural
(Annexure P-1).
1).
2. Learned counsel for the petitioner submits that he was on regular
bail in the FIR (supra)
( ) and was regularly appearing before the learned trial
Court. However on 02.08.2024, he could not appear before the trial Court as
he met with an accident and suffered internal injury on his spine and was bed
bed-
ridden and the trial Court cancelled the bail of
of the petitioner and his bail/surety
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bonds were forfeited to the state and issued arrest warrants against him.
Thereafter, vide orders dated 16.08.2024, 30.08.2024, 12.09.2024, 26.09.2024,
09.10.2024, 23.10.2024, non-bailable
non bailable warrants of the petitioner wer
were issued
and on 02.01.2025, he was declared as proclaimed offender. Aggrieved by the
same, the petitioner has approached this Court by way of filing the present
petition.
3. Learned counsel for the petitioner inter alia contends that
proclamation was issued
iss against the petitioner without following the drill of
Section 82 Cr.P.C. (now Section 84 of BNSS, 2023) and non-compliance of
the mandatory provisions vitiates the entire proceedings
proceedings, which suffers from
incurable illegality as he was never served and the impugned order
orders are liable
to be set aside.
4. Notice of motion.
5. Mr. Subhash Godara, Addl. A.G., Punjab
Punjab, who is present in the
Court, accepts notice on behalf of respondent-
respondent-State and supports the orders
passed by the learned
learned trial Court by contending that the petitioner did not put
in appearance before the trial Court intentionally and deliberately and,
therefore, having left with no other option, arrest warrants and proclamation
were issued to secure his presence.
6. I have heard learned counsel for the parties and perused the
record of the case with their able assistance, the matter is taken up for final
disposal.
7. While the scheme of criminal justice system necessitates
curtailment of personal liberty to some extent,
extent, it is of the utmost importance
that the same is done in line with the procedure established by law to maintain
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a healthy balance between personal liberty of the individual
individual-accused and
interests of the society in promoting law and order. Such procedur
procedure must be
compatible with Article 21 of the Constitution of India i.e. it must be fair, just
and not suffer from the vice of arbitrariness or unreasonableness.
8. A perusal of the impugned order
orders reveals that the trial Court
issued proclamation without recording reasons of its belief that the petitioner
has absconded or is concealing himself. This Court in the judgment passed in
Major Singh @ Major Vs. State of Punjab 2023 (3) RCR (Criminal) 406;
2023 (2) Law Herald 1506 has held that the Court is first required to record its
satisfaction before issuance of process under Section 82 of Cr.P.C. and non
non-
recording of the satisfaction itself makes such order suffering from incurable
illegality. In the judgment
judgment passed by this Court in Sonu Vs. State of Haryana
2021 (1) RCR (Crl.) 319,
319, it has been held that the con
conditions specified in
Section 82 (2) Cr.P.C. for the publication of a proclamation against an
absconder are mandatory. Any non-compliance
non compliance therewi
therewith cannot be cured as
an 'irregularity' and renders the proclamation and proceedings subsequent
thereto a nullity.
9. The sole purpose of issuance of non
non-bailable warrants or issuance
of proclamation is to secure presence of the accused before the trial Court. The
petitioner in the present case has himself come forward.
10. In view of the aforesaid facts and circumstances and in view of
the ratio of law laid down in Major Singh @ Major (supra), the present
petition is allowed qua the impugned orders dated 02.08.2024 (Annexure P-
2), 06.011.2024 (Annexure P-9),
P whereby bail of the petitioner has been
cancelled and his bail/surety bonds were forfeited and his arrest warrants were
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issued and order 02.01.2025 (Annexure P-15),
15), vide which, he was declared as
proclaimed offender are quashed.
11. The petitioner is directed to appear before the trial Court within a
period of two weeks from today and on his doing so, he shall be admitted to
bail on his furnishing bail bonds and surety bonds to the satisfacti
satisfaction of the
trial Court, along with costs of Rs.10,000/-
Rs.1 to be deposited with the Poor
Patients Welfare Funds, PGIMER, Chandigarh for wasting precious time
of the Court.
12. Receipt of payment of cost must be presented before learned trial
Court and
nd learned trial Court is directed to verify the same.
13. It is made clear that in case, the petitioner fails to appear before
the trial Court within a stipulated period, the interim protection granted by this
Court shall be deemed to be vacated.
(HARPREET
HARPREET SINGH BRAR
BRAR)
March 03, 2025
5 JUDGE
manisha
(i) Whether speaking/reasoned Yes/No
(ii) Whether reportable Yes/No
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