Joban Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-59101-2024 (O&M) Date of Order: 28.11.2024 Joban Singh ... Petitioner(s)

Versus

State of Punjab

...Respondent (s)

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Sukhbir Maandi, Advocate for the petitioner(s).

Mr. Jasjit Singh, DAG, Punjab.

*** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 28.8.2017 Beas, District Amritsar (Rural) 379, 411, 120-B IPC 1.

Aggrieved by order dated 15.2.2023 (Annexure P-5) passed by Judicial Magistrate Ist Class, Baba Bakala Sahib, Amritsar in the FIR captioned above, vide which the petitioner has been declared as a Proclaimed Offender, he has come up before this Court under Section 482 CrPC.

2.

Counsel for the petitioner submits that the petitioner was granted regular bail by the trial Court and the petitioner was regularly appearing before the trial Court. However, on 12.7.2019, the petitioner failed to appear before the Court and the trial Court vide order dated 15.2.2023, declared him proclaimed offender. He submits that the petitioner is innocent and the trial Court has not adopted the proper procedure while declaring him as proclaimed offender. He further submits that now, in case the petitioner is released on bail, he undertakes to appear before the trial Court on each and every date.

3.

State's counsel submits that the petitioner absented from the proceedings before the trial Court without any intimation and thereafter, he could not be arrested or produced before the Court despite issuance of bailable and non-bailable warrants of arrest and ultimately, he was declared proclaimed offender.

4.

An analysis of the submissions and the petition would lead to the following outcome. It remains undisputed that when the petitioner got to know about his being declared a proclaimed offender, he took a legal remedy and came up before this Court. It also remains undisputed that it never happened that police officials had caught him, or he had tried to run away to avoid appearance in the Court. There is no averment in the petition qua registration of FIR under Section 174-A IPC nor there is any challenge to such FIR. In such a situation, the petitioner has proved his case by preponderance of probabilities and has prima facie established that his non-appearance was beyond his control. Considering the undertaking given by the petitioner that he will appear before the trial Court on each and every date, this Court is of the opinion that the petitioner who is 28 years of age, deserves one opportunity to surrender to the majesty of the Court and on his surrender, nothing survives in the order of proclamation except offshoot of the same, if any.

5.

The primary object of the service is to secure the accused's presence at trial. The petitioner approached this court independently, establishing the bona fide 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 482 CrPC/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.

6.

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 petitioner shall deposit the same.

7.

Given above, the petitioner is directed to surrender before the concerned court on or before 07-12-2024. On or before this date, if the petitioner files bail application(s) before the concerned Court(s) of the concerned district, this court is requesting the concerned trial court to grant bail to the petitioner on surrendering before the concerned Court, as he was on bail earlier, subject to his furnishing bail bonds by imposing reasonable conditions that may be deemed appropriate in the background of the accused's conduct. The petitioner is directed to appear on each date before the trial court and not to delay it.

8.

There shall be a stay of the petitioner's arrest in the case mentioned above until his surrender, i.e., latest by 07-12-2024. It is clarified that if the petitioner appears before the concerned court, then all warrants issued by the concerned court against the petitioner in the matter mentioned above shall stand recalled and canceled. It is clarified that if the petitioner fails to appear before the concerned court within the time limit mentioned in this order, then this order shall be recalled automatically under section 362 read with 482 CrPC/403 read with 528 BNSS, 2023, without any further reference to this court. It is further ordered that this order will be subject to payment of an amount of Rs.2,000/- in the PGI Poor Patients' Welfare Fund, Chandigarh.

9. Any observation made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments. 10.

There would be no need for a certified copy of this order, 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. In case the attesting officer wants to verify the authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds.

Petition partly allowed to the extent mentioned above. All pending applications, if any, stand disposed. Petitioner shall be at liberty to challenge the FIR, if any registered pursuant to the impugned order.

(ANOOP CHITKARA) JUDGE November 28, 2024 AK Whether speaking/reasoned :

Yes Whether reportable :

No