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HARPREET SINGH BRAR
Deepak Kumar alias Billa – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. background facts of the case (Para 1) |
| 2. petitioner's arguments against the orders (Para 2 , 3) |
| 3. respondent's arguments in support of the trial court (Para 5 , 6) |
| 4. court's observations on legal procedures (Para 7 , 8 , 9) |
| 5. court's ruling on the orders (Para 10) |
| 6. final directions for the petitioner (Para 11 , 12 , 13) |
JUDGMENT :
Mr. Harpreet Singh Brar, J.
1. This petition filed under Section 528 Bharatiya Nagarik Suraksha Sanhita ( BNSS ), 2023 seeking setting aside/quashing of impugned orders dated 02.08.2024 (Annexure P-2), 06.011.2024 (Annexure P-9), whereby, bail of the petitioner has been cancelled and his bail/surety bonds were forfeited and his non-bailable warrants were issued and order dated 02.01.2025 (Annexure P-15), vide which, he was declared as proclaimed offender passed by learned Judicial Magistrate Ist Class, Jagraon, in case stemming from FIR No.109 dated 02.11.2019 registered under Sections 457 /380/427 of IPC at Police Station Sudhary, District Ludhiana Rural (Annexure P-1).
2. Learned counsel for the petitioner submits that he was on regular bail in the FIR (supra) and was regularly appearing before the learned trial Court. However on 02.08.
Issuance of proclamation must adhere to mandatory procedures to ensure fairness and legality, with non-compliance rendering subsequent actions a nullity.
The trial Court's failure to record satisfaction before declaring the petitioner a proclaimed person constituted an incurable illegality, violating procedural safeguards under Section 82 of Cr.P.C.
The issuance of a proclamation under Section 82 Cr.P.C. is invalid without the trial Court's recorded satisfaction regarding the accused's abscondance, making the order illegal.
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