High CourtsSingle Bench

Balbir Singh vs Union Territory of Chandigarh

Punjab And Haryana At Chandigarh · Decided on 8 December 2011 · Citation: (2011) 12 P&H CK 0088

HON’BLE JUDGES
Alok Singh, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 82, 82(4)
CASE NUMBER
CRM No. M 20943 of 2011 (O and M)
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Judgment

3 paragraphs · 186 words

Alok Singh, J

1.

Learned counsel for the petitioner, while placing reliance on the judgment of learned Single Judge of this Court in the case of Satinder Singh Vs. The State of UT Chandigarh and another, 2011 (2) RCR (Cri) 89, has argued that accused can be declared proclaimed offender if he is accused for the offences mentioned under sub-section 4 of Section 82 Cr.P.C. If offence is not mentioned under sub-section 4 of Section 82 Cr.P.C., accused cannot be declared proclaimed offender. Learned counsel has further argued that otherwise also for invoking Section 82 Cr.P.C. service on the accused for the date fixed is sine quo non. Learned counsel further submitted that now petitioner is ready to appear before the trial Court and shall appear before the trial Court on 21.1.2012.

2.

Since petitioner is ready to appear/surrender before the trial Court on 21.1.2012, therefore, present petition is disposed of with the direction that petitioner shall surrender/appear before the trial Court on 21.1.2012. On his appearance, he shall be released on bail on furnishing personal bond and surety bond to the satisfaction of learned Magistrate.