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HARPREET SINGH BRAR
Deepak Kumar alias Billa – Appellant
Versus
State of Punjab – Respondent
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 02.08.2024, he could not appear before the trial Court as he met with an accident and suffered internal injury on his spine and was bed-ridden and the trial Court cancelled the bail of the petitioner and his bail/surety bonds were forfeited to the state and issued arrest warrants against him. Thereafter, vide orders dated 16.08.2024, 30.08.2024
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.
Mandatory compliance with Section 82 of the Code of Criminal Procedure is essential for valid proclamations regarding absconding individuals.
The trial court must record satisfaction before declaring individuals as proclaimed offenders, ensuring compliance with procedural requirements under Section 82 of Cr.P.C.
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