Veena Batra v. Ut Chandigarh
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3.
Learned counsel for the respondent-U.T. Chandigarh submits that the petitioner has rightly been declared proclaimed person for having absented.
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5.
Heard.
6.
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. 7.
Adverting to the facts of the present case, the reasons for non-appearance of the petitioner that led to the passing of the impugned order, appear to be justified. At times, the accused can be prevented by sufficient reasons to put an appearance before the Court and such an absence cannot necessarily be construed as deliberate and wilful. However, it is incumbent upon her to join the proceedings, before the trial Court, for the culmination of the same. Considering the fact that the absence of the petitioner was not wilful or deliberate and her 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 her 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. 8.
In view of the afore-mentioned judgment and the facts and circumstances of the case, the impugned order dated 30.11.2024, Annexure P-2, is set aside, subject to surrender by the petitioner before the trial Court on or before 20.09.2025 and payment of Rs.10,000/- as costs to the complainant. On furnishing bail/surety bonds, the trial Court shall release her on bail subject to its satisfaction. She is also directed to
furnish an undertaking by way of an affidavit that she will appear on each and every date of hearing before the trial Court, unless specifically exempted by the Court. She shall not leave the country without prior permission of the Court. The trial Court may impose any other condition that it may deem appropriate in the facts and circumstances of the present case.
9.
Before parting with this order, it is made abundantly clear that in case the petitioner does not adhere to the aforesaid, the present petition shall be deemed to have been dismissed without any reference to this Court.
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