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Judgment
22 paragraphs · 595 wordsSumeet Goel, J
The substantive prayer made in the instant petition reads thus:
"It is, therefore, respectfully prayed that in view of the facts and circumstances stated above the present petition be allowed and order dated 27.08.2025 (Annexure P-5) passed in F.I.R. No. 144 dated 15.10.2020 U/s 379-B, 34 of Indian Penal Code, 1980 registered at Police Station Verka, District Amritsar vide which the petitioner has been declared Proclaimed Offender alongwith all consequential proceedings arising therefrom arising therefrom kindly be quashed in the interest of justice and fair play."
On 15.12.2025, the following order was passed:
"Learned Counsel appearing on behalf of the petitioner contends that the petitioner was granted concession of bail on 11.11.2020 and he had been regularly appearing in the aforesaid case, however, on 20.12.2024 he could not appear on account of a scuffle which took place between petitioner and his Lawyer and he was not being properly advised. He contends that the petitioner has since then changed his lawyer and undertakes to appear within fortnight.
Notice of motion.
Ms. Savi Nagpal, Asst. A.G. Punjab appears and accepts notice on behalf of respondent-State and prays for some time to file reply, if so advised.
Adjourned to 06.04.2026.
Reply, if any, be filed in the meanwhile with copy in advance to the Counsel opposite.
In the event, the petitioner surrenders before the trial Court within a fortnight as undertaken today, he shall be admitted to interim bail on furnishing requisite bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate, subject to payment of costs of Rs.5,000/-to be deposited with the District Legal Services Authority, Amritsar.
The operation of the impugned order dated 27.08.2025 shall remain stayed till the next date of hearing."
Thereafter, on 08.04.2026, the following order was passed:
"Learned counsel appearing for the petitioner has submitted that on account of compelling circumstances beyond his control, the petitioner was not able to comply with the order dated 15.12.2025. He has sought for another opportunity to do so.
In the interest of justice, same is permitted, subject to deposit of additional costs of ₹10,000/- with the District Legal Services Authority, Amritsar.
The petitioner is directed to appear before the concerned Court on or before 22.04.2026. In case, the petitioner causes appearance before the concerned Court on or before the said date, he be released on interim bail to the satisfaction of that Court.
Needless to say that the petitioner shall be required to deposit costs of ₹5,000/- earlier imposed as also additional costs of ₹10,000/-imposed today.
Meanwhile, Registry to upload record of the Courts below on DMS by requisitioning the same through electronic mode.
List on 06.05.2026.
To be shown in urgent list."
It is the common ground between the learned rival counsel that the petitioner has caused appearance before the concerned Court and has since been released on interim bail. Learned counsel appearing for the petitioner has submitted that non-appearance of the petitioner before the concerned Court and his being declared a proclaimed offender, was solely on account of inadvertence at the end of the petitioner, which was regretted by him. He has further submitted that the petitioner is a young man aged 23 years.
Keeping in view the factual milieu of the case in hand; especially the factum of the petitioner having caused appearance before the concerned Court and has undertaken to cause appearance before the concerned Court in accordance with law; this Court deems it appropriate, solely in the interest of justice, to quash the impugned order dated 27.08.2025 (Annexure P-5).
Ordered accordingly.
