SARABJIT SINGH @ SABI vs STATE OF PUNJAB

Petitioner has assailed order dated 14.07.2009,

whereby he was declared to be a proclaimed offender under

Section 82(4) of the Code of Criminal Procedure (for short ''the

Cr.P.C .).

Learned counsel for the petitioner submitted that FIR

No.175 was registered on 14.12.2007 under Section 61 / 1 / 14 of

the Excise Act and under Sections 420, 465, 468, 471 IPC at

Police Station Lalru, District SAS Nagar, Mohali. Challan was

presented on 02.12.2008 and the petitioner was placed in

column No.2 of the challan. Thereafter proclamation was

ordered on 04.04.2009 and a notice was issued on 06.06.2009

requiring the petitioner to appear on 11.06.2009. In the event of

non-appearance of the petitioner, he was declared as a

proclaimed offender on 14.07.2009.

Learned counsel further submitted that the

supplementary challan was presented in the absence of the

petitioner on 26.01.2010. The original accused namely Hari Pal

was tried by the trial Court and was ultimately acquitted of the

offences vide judgment of acquittal on 27.08.2014.

Learned counsel assailed the impugned order on three

counts, firstly in view of Section 82(1) Cr.P.C., clear 30 days

notice was required to be given from 06.06.2009 onwards for

the appearance of the petitioner. Further adjournments from

11.06.2009 onwards should have entailed in issuance of fresh

notice to the petitioner in view of Ashok Kumar vs. State of

Haryana and another, 2013(4) RCR (Criminal) 550. Secondly,

the petitioner was required to be served by complying the

provisions in terms of Section 105(b) Cr.P.C. Thirdly, for the

offences in question, at the most the petitioner could have been

declared a proclaimed person. Petitioner is ready and willing to

appear before the trial Court.

Notice of motion.

On the asking of the Court. Mr. Shilesh Gupta, Addl.

A.G., Punjab accepted the notice on behalf the respondent-

State.

Heard.

Keeping in view the aforesaid factual matrix, it would be

just and appropriate to direct the petitioner to surrender before

the trial Court within a period of two weeks from today. In the

event of surrender by the petitioner and applying for regular bail,

he shall be admitted on bail by the trial Court. However,

petitioner shall keep on appearing before the trial Court

regularly.

Petition stands disposed of.