IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 117 CRM-M-38515-2025 Decided on : 08.08.2025 Ajay Kumar . . . Petitioner Versus State of Punjab . . . Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Manoj K. Sharma, Advocate for the petitioner(s). Mr. Neeraj Madaan, Sr. DAG, Punjab. **** SANJAY VASHISTH, J. (Oral) 1. By way of present petition filed under Section 528 of BNSS petitioner is seeking quashing of order dated 09.06.2022 (Annexure P-8), passed by learned Judicial Magistrate First Class, Hoshiarpur, whereby the petitioner has been declared as proclaimed Offender in case FIR No. 44 dated 21.04.2019, under Sections 283, 147 IPC (Section 149 IPC was added later on), registered at Police Station Hariana, District Hoshiarpur. 2. Learned counsel for the petitioner submits that in pursuance of FIR No. 44 dated 21.04.2019, petitioner was released on bail and appeared regularly before the learned Trial Court up to 19.10.2021. Thereafter, petitioner went to Italy to earn his livelihood, and due to this, he could not appear before the learned Trial Court on 19.10.2021, 02.12.2021, 08.02.2022, 31.03.2022, and 30.04.2022. In the light of his non-appearance, the learned Trial Court, vide order dated 09.06.2022, declared the petitioner a 'Proclaimed Offender'. 3. Counsel further submits that the petitioner has now returned to India and, upon his return, came to know of the final outcome of the case, RASHMI 2025.08.11 17:06 I attest to the accuracy and integrity of this document CRM-M-38515-2025 - 2 - wherein out of the total 14 accused, 12 have already been acquitted by learned Trial Court vide order dated 28.01.2025 (P-2). Although nothing substantial now remains in the already decided case, petitioner being declared a Proclaimed Offender, apprehends his arrest. He is, however, ready and willing to surrender before the learned Trial Court and join the proceedings in the aforesaid case to facilitate its early conclusion. Petitioner undertakes to fully cooperate with the trial proceedings. Learned counsel further submits that the petitioner’s absence before the learned Trial Court was neither intentional nor deliberate, but solely due to the reasons explained hereinabove. 4. He further contends that, if one more opportunity is afforded to the petitioner to appear by granting some protection from arrest, he undertakes that in all the future proceedings of the present case, he would never be absent from the Court, except by obtaining prior permission from the Court, and thus will fully cooperate in the Court proceedings for early completion of trial. 5. Notice of motion. 6. On asking of the Court, Mr. Neeraj Madaan, Sr. DAG, Punjab, who is present in Court, accepts notice on behalf of the respondent-State. A copy of the complete paper book has been supplied to him by learned counsel for the petitioner. 7. Learned State counsel opposes the request of the petitioner, and submits that petitioner has willfully remained absent from the proceedings of learned Trial Court and thus, does not deserve any sympathy. Therefore, petitioner should be directed to surrender before the Court and to face trial. RASHMI 2025.08.11 17:06 I attest to the accuracy and integrity of this document CRM-M-38515-2025 - 3 - 8. I have heard learned counsel for the parties and perused the relevant material on record. It is evident that petitioner is inclined to join the process of law, and by way of present petition, he is seeking one chance to join the proceedings before the learned Trial Court, by abiding to the terms and conditions. 9. In number of cases, wherein, accused stopped appearing in criminal cases, the Courts are compelled to declare accused as ‘Proclaimed Person/Proclaimed Offender’. After examining the facts, this Court has formulated a uniform method to ensure the presence of accused before the concerned Court, to enable it to proceed further instead of delaying the proceedings by awaiting the presence of accused. Intentional or unintentional default of the accused can be dealt with by examining the facts from case to case involved, and where it is realized that absence or prolonged absence of such accused is intentional to evade the process of law, he/she can be penalized examining the nature of crime in which he is facing the proceedings and thereupon by imposing some cost amount subject to his/her capacity to pay. Primary object of every Court is only to examine the commission of crime in question before it vis a vis the person/accused, who is subjected to such proceedings, and if possible justice be imparted at the earliest without unnecessary delay. It is not expected that undue time would be devoted in securing the presence of absconded accused and also to waste energy by enforcing the special mechanism to arrest such accused. Considering all such aspects, this Court in the case of Ashish Kumar Honda @ Ashish Handa Vs. State of Punjab, 2022 (4) RCR (criminal) 765; Law Finder Doc Id # 20238111 considered similar plea of appearance, RASHMI 2025.08.11 17:06 I attest to the accuracy and integrity of this document CRM-M-38515-2025 - 4 - expressed at the instance of the accused, who failed to appear before the Court at appropriate time, and observed that: “paramount consideration of the Court is to secure presence of accused on each and every date for speeding up the trial for its final conclusion. Already Courts are flooded with so much litigation, resulting in slow pace of work, because of more than one reason. The required energy and manpower be used for expediting the proceedings of the Court, instead of running after the accused persons to get hold of them.” Again, this Court has considered the aforementioned similar plea in case Veena @ Veena Devi v. State of Punjab (CRM-M-2206-2025, decided on 16.01.2025). 10. In totality of circumstances, I am of the view that the petitioner can be given one chance to appear before the trial Court, so that proceedings may restart and continue in smooth manner. Accordingly, plea of the petitioner is accepted. Impugned order dated 09.06.2022( Annexure P-8) is set aside to the extent of declaring the petitioner as ‘proclaimed offender’, and he is directed to be released on bail, in the eventuality of surrender by him before the trial Court on or before 22.08.2025. 11. Petitioner shall also furnish fresh bail bonds/surety bonds to the satisfaction of the trial Court. Besides, petitioner would also submit specific undertaking/affidavit that he will keep appearing during the proceedings of the trial in future and the proceedings would not be delayed because of his conduct. 12. However, this order shall be subject to the payment of Rs.20,000/- (Rupees twenty thousand only) as costs, to be deposited by the petitioner in an Old Age Home of the area, as may be decided by the learned Trial Court. The Trial Court shall also specify the time frame within which such costs will be required to be deposited, but not more than two weeks, RASHMI 2025.08.11 17:06 I attest to the accuracy and integrity of this document CRM-M-38515-2025 - 5 - failing which this order would not be of any advantage to the petitioner. 13. With aforementioned terms, present petition stands disposed of. (SANJAY VASHISTH) JUDGE 08.08. 2025 rashmi Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No RASHMI 2025.08.11 17:06 I attest to the accuracy and integrity of this document