CRM-M-46341 IN THE HIGH COURT OF PUNJAB & HARYANA AT 122-2 Mandeep Singh Mohanpreet Singh and another CORAM: HON Present : AMAN CHAUDHARY, J. (ORAL) 1. BNSS, 2023, for quashing of order dated 27.02.2023 in criminal complaint No.NACT 28 clause as 285) Mandeep Singh, was declared proclaimed person. 2. with either bailable or non Court of Session, was granted 10 days’ court, vide order dated 28.03.2023, directing it to dispose of the bail application on the same day, if filed, however, as stated in para 5 of the petition, he having been implicated in 4 cases, was unable to file/arrang the bail bonds on account of which he was unable to comply with the 46341-2025 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision Mandeep Singh Versus Mohanpreet Singh and another CORAM: HON’BLE MR. JUSTICE AMAN CHAUDHARY Mr. Manjinder Singh Saini, Advocate, for the petitioner. AMAN CHAUDHARY, J. (ORAL) Prayer made in the present petit BNSS, 2023, for quashing of order dated 27.02.2023 in criminal complaint No.NACT 286 (wrongly mentioned in as 285) of 2020 dated 04.08.2020, titled as ‘Mohanpreet Singh vs. Mandeep Singh, pending before JMIC, Phagwara was declared proclaimed person. Learned counsel submits that the petitioner was never served with either bailable or non-bailable warrants and on approaching the Court of Session, was granted 10 days’ time to surrender before the trial court, vide order dated 28.03.2023, directing it to dispose of the bail application on the same day, if filed, however, as stated in para 5 of the petition, he having been implicated in 4 cases, was unable to file/arrang the bail bonds on account of which he was unable to comply with the -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-46341-2025 (O & M) Date of decision: 26.08.2025 ....Petitioner ...Respondents BLE MR. JUSTICE AMAN CHAUDHARY Mr. Manjinder Singh Saini, Advocate, Prayer made in the present petition filed under Section 528 of BNSS, 2023, for quashing of order dated 27.02.2023 in criminal (wrongly mentioned in the head note and prayer , titled as ‘Mohanpreet Singh vs. ding before JMIC, Phagwara, whereby the petitioner Learned counsel submits that the petitioner was never served bailable warrants and on approaching the time to surrender before the trial court, vide order dated 28.03.2023, directing it to dispose of the bail application on the same day, if filed, however, as stated in para 5 of the petition, he having been implicated in 4 cases, was unable to file/arrange the bail bonds on account of which he was unable to comply with the PARVEEN KUMAR 2025.08.27 19:19 I attest to the accuracy and integrity of this order/judgment. -2- CRM-M-46341-2025 aforesaid order. His absence is neither wilful nor deliberate and on account of the reason aforesaid. Further that, 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. 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. Learned State counsel submits that the petitioner has rightly been declared proclaimed person for having absented. 4. No order prejudicial to the rights of respondentNo.2 is being proposed to be passed by this Court, thus, there is no requirement of effecting service upon him. 5. 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. 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. Adverting to the facts of the present case, the reasons for non-appearance of the petitioner that led to the passing of the impugned PARVEEN KUMAR 2025.08.27 19:19 I attest to the accuracy and integrity of this order/judgment. -3- CRM-M-46341-2025 order, appear to be justified. At times, the accused can be prevented by sufficient reasons to put an appearance before the Court and such an absence cannot necessarily be construed as deliberate and wilful. However, it is incumbent upon him to join the proceedings, before the trial Court, for the culmination of the same. 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 27.02.2023, Annexure P-6, is set aside, subject to surrender by the petitioner before the trial Court on or before 15.09.2025. 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. PARVEEN KUMAR 2025.08.27 19:19 I attest to the accuracy and integrity of this order/judgment. -4- CRM-M-46341-2025 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. 26.08.2025 (AMAN CHAUDHARY) parveen kumar JUDGE Whether speaking/reasoned : Yes / No Whether reportable : Yes / No PARVEEN KUMAR 2025.08.27 19:19 I attest to the accuracy and integrity of this order/judgment.