Dharminder Singh Alias Gulshan Singh v. State Of Punjab

Gurbir Singh Mundi vs. State of Punjab and another CRM-M-49283-2021, decided on 16.12.2021. Heard.

6.

This Court in Gurbir Singh Mundi (supra), quashed the order declaring the petitioner therein as proclaimed person on the ground that provisions of Section 82(2) Cr.P.C, which are mandatorily to be complied with had not been done, as it was not read publically in some conspicuous place of town or village, in which the accused ordinarily resides.

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 16.07.2025, Annexure P-1, is set aside, subject to surrender by the petitioner before the trial Court on or before 02.12.2025 and payment of Rs.15,000/- to be deposited with the Shree Mata Mansa Devi Bhandara Committee Charitable Trust (Regd)., Account No. 50100238189041, IFSC Code: HDFC0000108, at HDFC Bank, Sector 8, Panchkula. 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.