Bhupen Singla v. State Of Punjab And Another

CRM-M-20498-2026 -2- 2021 (1) RCR (Crl.) 319, it was held that any non-compliance in the procedure prescribed in declaring a proclaimed person, cannot be treated as an irregularity but the same renders such proceedings a nullity.

8.

This Court in Satvir Singh vs. State of Punjab and another, CRM-M-27621-2025, 20.05.2025, while relying on Rohit Kumar vs. State of Delhi, 2008 Crl. J. 2561, has held that Court must be prima facie satisfied that the person absconded or has concealed himself

CRM-M-20498-2026 -3so that warrant of arrest, previously issued, cannot be executed, despite due diligence.

9.

The very purpose of initiation of proclamation proceedings, is to compel and secure the presence of the accused to face trial and establish the rule of law, as also to ensure finalization of the proceedings. 10.

Considering the fact that the absence of the petitioner was not wilful or deliberate and his readiness and willingness to surrender and join the proceedings, in case one opportunity is granted to the petitioner, no prejudice shall be caused to any of the parties, rather his joining the proceedings would help in expediting the trial. This Court in light of the judgment referred to above being applicable to the instant case, finds that the ends of justice would be adequately met if the present petition is allowed.

11.

In view of the afore-mentioned judgments and the facts and circumstances of the case, the impugned order dated 17.01.2025, Annexure P-1, is set aside.

12.

The petitioner is directed to surrender before the trial Court on or before 01.05.2026 and on so doing, shall be released on bail subject to its satisfaction and