Pyara Singh Vs State of Punjab

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Prayer made in the prese n t petition for quashing the impugned order dated 24.12.2025, An n exure P-5, vide which the petitioner w as declared as proclaimed o ffender in FIR No.15 dated 08.02.2019 , registered under Section 61/1 / 14 of the Punjab Excise Act, 1914, at Po l ice Station Kiratpur Sahib, Dist r ict Rupnagar. 2. Learned counsel submits th a t the petitioner was granted anticipator y bail by this Court, vide orde r dated 30.04.2019, whereafter challan wa s presented on 02.11.2019 and he continued to appear before the trial C o urt but for 10.11.2025 on acco u nt of the fact that there was a miscommu n ication regarding date of hea r ing and he being a driver by profession w as travelling outside the State , leading to cancellation of his bail a nd su r ety bonds and proclamation wa r rants were issued against him. Consequen t ly, he was declared proclai m ed offender, vide impugned order, with o ut issuing bailable or non-baia b le warrants, thus, the mandate of Section 8 2 Cr.P.C. has not been complie d with . He is ready and w illing to join the proceedings a n d prays that one last

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PARVEEN KUMAR 2026.02.05 11:50 I attest to the accuracy and integrity of this order/judgment.

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opportunity may be granted to him to surrender before the trial Court. T o buttress his submission, reliance is placed on the judgments of this Court in Gurbir Singh Mundi vs. State of Punjab and another CRM-M49283-2021, decided on 16.12.2021.

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Notice of motion.

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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.

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5. Heard.

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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.

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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.

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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

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PARVEEN KUMAR 2026.02.05 11:50 I attest to the accuracy and integrity of this order/judgment.

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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.

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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.

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The petition is disposed of.

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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.

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PARVEEN KUMAR 2026.02.05 11:50 I attest to the accuracy and integrity of this order/judgment.

Pyara Singh v. State of Punjab

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Pyara Singh v. State of Punjab

Case brief

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