Deepak Kumar Alias Deepu v. State Of Punjab And Another

   

     






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1.

Petition under Section 528 of the BNSS, 2023 has been filed for quashing of impugned order dated 23.10.2024 (Annexure P-26), passed by learned Additional Sessions Judge, Hoshiarpur, whereby, petitioner has been declared as a proclaimed offender and all consequential proceedings arising therefrom.

2.

Learned counsel for the petitioner contends that petitioner was granted regular bail by learned Additional Sessions Judge, Hoshiarpur vide order dated 21.01.2020 and thereafter, he had been regularly appearing before learned trial Court. However, due to the outbreak of Covid-19 Pandemic in March, 2020, the matter was adjourned from time to time and ultimately, the petitioner left the country in the month of November, 2021. Now, learned trial Court has declared the petitioner as a proclaimed offender vide order dated 23.10.2024, without following due procedure under Sections 82 and 84 of BNSS and without service of warrants as the petitioner was out of country. Hence, in the aforementioned facts and circumstances, the petitioner be protected till his appearance before the learned trial Court, and directions be given to the trial Court that his application of bail, which he would be filing on his surrender, be decided expeditiously. 3.

Notice of motion to respondent No.1 only.

SIMRANDEEP KAUR 2025.05.09 12:37 I attest to the accuracy and integrity of this document

4.

On the asking of the Court, Ms. Ramita Chowdhary, DAG, Punjab, who is present in the Court accepts notice on behalf of respondent No.1-State.

5.

In view of the limited prayer made by the learned counsel for the petitioner, the instant petition is disposed of with directions to the petitioner to appear and surrender before the trial Court within 10 days from today. Till then, no coercive steps be taken against the petitioner. Since, the petitioner has evaded the Court proceedings for a long time, though initially on account of the Covid-19 Pandemic, in order to compensate the complainant, it is hereby ordered that this order shall be subject to payment of costs of Rs.50,000/- to be paid to the complainant-respondent No.2, which shall be a condition precedent.

6.

In case, on appearance and surrender within 10 days from today, the petitioner moves an application for bail/suspension of sentence, the trial Court shall make earnest efforts to decide it expeditiously, in accordance with law.

7.

In case there is a failure on the part of the petitioner, this order shall remain automatically vacated and learned trial " ### $  ! #%.

8.

Pending miscellaneous application(s), if any, shall also stand disposed of.

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& '(  ) * &  # ) * SIMRANDEEP KAUR 2025.05.09 12:37 I attest to the accuracy and integrity of this document