Gurtej Singh @ Teja And Another v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 27.09.2024 Gurtej Singh @ Teja and another

...Petitioners

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Lakshay Bector, Advocate for the petitioners.

Ms. Swati Batra, D.A.G., Punjab.

**** ANOOP CHITKARA, J.

FIR No. Dated Police Station Sections 10.02.2023 Tibba, Ludhiana 323, 452, 506, 34, 201 IPC 1.

Challenging the order dated 29.07.2024 of proclamation on being declared as proclaimed persons, the petitioners have come up before this court under section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS]. 2.

Notice served upon the official respondent through State counsel. The nature of order which this Court proposes to pass, there is no necessity of calling any response from the State.

3.

The petitioners were earlier on bail vide order dated 03.03.2023 and 17.04.2023 passed by Judicial Magistrate Ist Class and Additional Sessions Judge, Ludhiana respectively.

4.

An analysis of the submissions and the petition would lead to the following outcome. It remains undisputed that when the petitioners got to know about they being declared proclaimed offenders, they took legal remedy and came up before this Court. It also remains undisputed that it never happened that police officials caught them or tried to run away to avoid an appearance in Court. In such a situation, the petitioners have proved their case by a preponderance of probabilities and has prima facie established that their non-appearance was beyond their control. The petitioners within a short span on

their own came before this Court, undertaking to attend the trial, and it is not the police who have been able to arrest.

5.

Let the petitioners attend the trial because the criminal justice system must not hamper and suffer because of the petitioners. 6.

The primary object of the service is to secure the accused's presence at trial. The petitioner approached this court independently, establishing the bonafide at this stage. Without commenting on the case's merits, and in the facts and circumstances peculiar to this case, and also for the reasons mentioned above, the ends of justice would meet if the impugned proclamation order is quashed qua the petitioner. Thus, exercising the inherent powers under section 528 BNSS, it would be appropriate to grant the following limited relief to the petitioner, subject to the compliance of the conditions mentioned in this order.

7.

The State's counsel submitted that if this Court is granting any concession to the petitioner, it must be subject to some reprimand. The petitioner's counsel declared that if this court imposes reasonable and affordable costs, the petitioners shall deposit the same. 8.

Given above, the petitioners shall deposit Rs.10,000/- each in the PGI Poor Patients Welfare fund and hand over the receipt of deposit to trial Court by the next date. 9.

The petitioners are directed to surrender before the concerned court on or before 05.10.2024, 11 AM. On or before this date, if the petitioners files bail application(s), the concerned trial court to grant bail to the petitioners on surrendering before the concerned Court as they were on bail earlier subject to furnishing bail bonds by imposing reasonable conditions deemed appropriate in the background of the accused's conduct. The petitioners are directed to appear on each date before the trial court and not to delay it. 10.

There shall be a stay of the petitioner's arrest in the case mentioned till 05.10.2024 5.00 P.M. This stay is subject to the petitioner's surrender, failing which this protection shall also be recalled. It is clarified that if the petitioners appear before the concerned court, then all warrants issued by the concerned court against the petitioners in the matter mentioned above shall automatically stand recalled and canceled. 11.

It is clarified that if the petitioners fail to appear before the concerned court within the time limit mentioned in this order, then this order shall be recalled automatically under section 528 of BNSS, 2023, without any further reference to this court.

12.

Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 13.

A certified copy of this order would not be needed, and any Advocate for the Petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. If the concerned court/ officer wants to verify its authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds.

Petition is partly allowed to the extent mentioned above. All pending applications, if any, stand disposed of.

(ANOOP CHITKARA) JUDGE 27.09.2024 Whether speaking/reasoned: Yes Whether reportable:

NO.