Research › Search › Judgment

High Court of Punjab and Haryana · body

2019 DAILYLAW 3707 (PNJ)

PYARA SINGH v. STATE OF PUNJAB

CRM-M/5469/2026 · 2026-02-04

Aman Chaudhary

Transfer Petitionbody2019

Judgment text

Extracted from the PDF above. The PDF is authoritative.

impugned order dated petitioner was declared as proclaimed offender in FIR No.15 dated 08.02.2019, registered under Section 61/1/14 of the Punjab Excise Act, 1914, at Police Station Kiratpur Sahib, District Rupnagar. 2. anticipatory challan was presented on 02.11.2019 the trial Court but for miscommunication regarding date of hearing and he being a driver by profession was trav bail and surety bonds and proclamation warrants were issued against him. Consequently, he wa order, without issuing bailable or non of Section 82 Cr.P.C. has not been complied with ready and willing to join the proceedings and prays that one last Prayer made in the present petition for quashing the impugned order dated 24.12.2025, Annexure P petitioner was declared as proclaimed offender in FIR No.15 dated 08.02.2019, registered under Section 61/1/14 of the Punjab Excise Act, 1914, at Police Station Kiratpur Sahib, District Rupnagar. Learned counsel submits that the petitioner was granted anticipatory bail by this Court, vide order dated 30.04.2019, whereafter challan was presented on 02.11.2019 and he the trial Court but for 10.11.2025 on account of the fact miscommunication regarding date of hearing and he being a driver by profession was travelling outside the State, leading to cancellation of his and surety bonds and proclamation warrants were issued against him. Consequently, he was declared proclaimed order, without issuing bailable or non-baiable warrants, thus, the mandate of Section 82 Cr.P.C. has not been complied with ready and willing to join the proceedings and prays that one last Prayer made in the present petition for quashing the nexure P-5, vide which the petitioner was declared as proclaimed offender in FIR No.15 dated 08.02.2019, registered under Section 61/1/14 of the Punjab Excise Act, 1914, at Police Station Kiratpur Sahib, District Rupnagar. Learned counsel submits that the petitioner was granted this Court, vide order dated 30.04.2019, whereafter and he continued to appear before 10.11.2025 on account of the fact that there was a miscommunication regarding date of hearing and he being a driver by , leading to cancellation of his and surety bonds and proclamation warrants were issued against him. s declared proclaimed offender, vide impugned baiable warrants, thus, the mandate of Section 82 Cr.P.C. has not been complied with . He is ready and willing to join the proceedings and prays that one last PARVEEN KUMAR 2026.02.05 11:50 I attest to the accuracy and integrity of this order/judgment. opportunity may be granted to him to surrender before the trial Court. To buttress his submission, reliance is placed on the judgments of this Court in Gurbir Singh Mundi vs. State of Punjab and another CRM-M- 49283-2021, decided on 16.12.2021. 3. Notice of motion. 4. At the asking of the Court, Ms. Gagandeep Kaur, DAG, Punjab, and submits that the order passed against the petitioner is legal and valid on account of the fact that he had absented from the proceedings before the trial Court without any just cause. 5. Heard. 6. In the case of Gurbir Singh Mundi (supra), it was held that provisions of Section 82(2) Cr.PC. are to be mandatorily complied with cumulatively and not alternatively. The Court had quashed the order declaring the petitioner therein as proclaimed person on the ground that declaration was not read publicly 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 PARVEEN KUMAR 2026.02.05 11:50 I attest to the accuracy and integrity of this order/judgment. 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. 9. In view of the afore-mentioned judgments and the facts and circumstances of the case, the impugned order dated 24.12.2025, Annexure P-5, is set aside, subject to surrender by the petitioner before the trial Court on or before 18.02.2026 and subject to payment of costs of Rs.10,000/- to be deposited with Nofal Ek Umeed Charitable Trust having its Account No.0579073000000156, IFSC Code-IFSCSIBL0000579, Bank-The South India Bank Limited, Chandigarh. On furnishing bail/surety bonds, the trial Court shall release him on bail subject to its satisfaction. He is also directed to furnish 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. The petition is disposed of. 11. Before parting with this order, it is made abundantly clear that in case the petitioners do not adhere to the aforesaid, the present petition shall be deemed to have been dismissed without any reference to this Court. PARVEEN KUMAR 2026.02.05 11:50 I attest to the accuracy and integrity of this order/judgment.