Sushil Kumar Bishnoi v. Yashpal Berwal

is neither wilful nor deliberate, rather on account of the fact that he had wrongly noted down the date, as also there was a miscommunication between him and his learned counsel while he was posted at different places. He is ready and willing to join the proceedings and it is prayed that one opportunity may be granted to him to surrender before the learned trial Court.

3.

Status report by way of affidavit of the Superintendent of Police, Hisar, filed in the Court, is taken on record. 4.

Learned State counsel submits that the petitioner has rightly been declared proclaimed person for having absented. 5.

6.

Heard.

7.

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. 8.

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 aforesaid prayer is accepted.

9.

In view of the afore-mentioned judgment and the facts and circumstances of the case, the impugned order dated 29.09.2025, Annexure P-6, is set aside, subject to surrender by the petitioner before the trial Court on or before 11.11.2025 and payment of Rs.15,000/- to be deposited with Helpers Shahbad Society, having account No.01522011006813, IFSC PUNB0015210, at Punjab National Bank, Shahbad Markanda (Kurukshetra), Haryana. On furnishing bail/surety bonds, the trial Court shall release him on bail subject to its satisfaction. He is also directed to furnish an undertaking by way of an affidavit that he will appear on each and every date of hearing before the trial Court, unless specifically exempted by the Court. He 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.

10.

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.

11.

Disposed of accordingly.