CRM-M-9818-20 IN T 202 Paramjit Singh @ State of Punjab CORAM: HON Present : Mr. Mr. M AMAN CHAUD 1. Pray 04.12.2023, Anne offender in FIR NDPS Act and Se 2. Lear above-noted on 1 05.08.2023 as he granting bail on 2 offender. Thus, th of Section 82 C proceedings and surrender before the judgments of another, CRM- 2024(O&M) IN THE HIGH COURT OF PUNJ AT CHANDIGAR ngh @ Prem Aggarwal Versus HON'BLE MR. JUSTICE AMAN ***** Mr. Harkirat Singh Bhogal, Advocat Mr. Manipal Singh Atwal, DAG, Pun ***** AUDHARY, J. (ORAL) Prayer made in the present petitio Annexure P1, vide which the petitio FIR No.51 dated 26.04.2016 registe and Sections 25-54-59 of the Arms Ac Learned counsel submits that the d on 18.06.2016 whereafter he contin as he was arrested in FIR No.68 d il on 20.12.2023, during the said perio hus, the impugned order was passed 82 Cr.P.C in letter and spirit. He i s and prays that one last opportun efore the trial Court. To buttress his s nts of this Court in Gurbir Singh M -M-49283-2021, decided on 16.12 1 PUNJAB & HARYANA IGARH CRM-M-9818-2024 (O&M) Date of decision: 19.11.2025 ....Petitione ...Responden MAN CHAUDHARY dvocate for the petitioner. G, Punjab. petition for quashing the order date petitioner was declared as proclaime registered under Sections 21/61/85 o ms Act. the petitioner was granted bail in th continued to appear regularly but fo o.68 dated 20.04.2023, wherein afte period, he was declared as proclaime assed without following the provision . He is ready and willing to join th portunity may be granted to him t s his submission, reliance is placed o ngh Mundi vs. State of Punjab an 16.12.2021. &M) .2025 titioner pondent r dated claimed 1/85 of l in the but for in after claimed visions oin the him to aced on ab and ASHOK KUMAR 2025.11.19 18:27 I attest to the accuracy and integrity of this document 2 CRM-M-9818-2024(O&M) 3. Learned State counsel 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. 4. No order prejudicial to the rights of the private respondent is being proposed to be passed by this Court, thus, there is no requirement of effecting service upon him. 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 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 judgment and the facts and circumstances of the case, the impugned order dated 04.12.2023, Annexure P1, is set aside, subject to surrender by the petitioner before the trial Court on or before 05.12.2025 and payment of costs of Rs.15,000/- to be deposited with Helpers ASHOK KUMAR 2025.11.19 18:27 I attest to the accuracy and integrity of this document 3 CRM-M-9818-2024(O&M) 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. The petition is disposed of. 11. 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. (AMAN CHAUDHARY) JUDGE 19.11.2025 ashok Whether speaking/reasoned : Yes / No Whether reportable : Yes / No ASHOK KUMAR 2025.11.19 18:27 I attest to the accuracy and integrity of this document