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CRM-M-73345-2025 1

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH

159

CRM-M-73345-2025

Date of decision: 24.12.2025

Ravi Kumar @ Ravi ...Petitioner

Versus

State of Punjab ...Respondent

CORAM: HON'BLE MS. JUSTICE AARADHNA SAWHNEY

Present : Mr. Sumit Dua, Advocate

for the petitioner.

*****

AARADHNA SAWHNEY, J.(ORAL)

1. Petitioner, an accused in case FIR No. 85 dated 11.03.2023

registered against him for commission of offences punishable under Sections

21, 29 of NDPS Act, at Police Station Rama Mandi, Jalandhar, has assailed

orders dated 08.09.2025 and 16.10.2025, vide which on account of his

absence from the Court, his bail was cancelled. Surety bonds/personal bonds

were also cancelled and forfeited to State and his presence was sought to be

procured through non-bailable warrants and further proclamation

proceedings were initiated, respectively.

2. Learned counsel for the petitioner contends that petitioner was

falsely implicated in the aforesaid criminal case. After he was granted

concession of bail, he had been regularly appearing before the Court.

However on 08.09.2025, he could not appear before the Court on account of

some misunderstanding operating in his mind with regard to the date of

hearing. Petitioner had also changed his counsel and hence the confusion

arose with regard to the next date of hearing. It is further the submission of

learned counsel that against the spirit of Section 82 Cr.P.C., learned Judge,

Special Court, Jalandhar, initiated proclamation proceedings only on the first

date of absence of petitioner. No repeated efforts were made to procure his

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(P) presence. The procedure so adopted is not ‘in sync’ with the spirit of

Section 82 Cr.P.C. With this backdrop, it has been prayed that the orders

dated 08.09.2025 and 16.10.2025 be set aside.

Further, learned counsel contends that petitioner is willing to

surrender before the Court concerned and move an application for grant of

bail. His only limited prayer is that the learned trial Court be directed to

decide the bail application expeditiously.

3. Heard. Documents on record perused.

4. Before proceeding further, it would be appropriate to refer to a

judgment of Coordinate Bench of this Court in CRM-M-23777-2020 titled

Sonu V/s. State of Haryana, decided on 06.10.2020, wherein the essential

requirements of section 82 Cr.P.C. for issuance and publication of

proclamation against an absconder and declaring him as proclaimed

person/offender were discussed as under:

(i) Prior issuance of warrant of arrest by the Court is sine qua

non for issuance and publication of the proclamation and the

Court has to first issue warrant of arrest against the person

concerned. (See Rohit Kumar Vs. State of Delhi : 2008 Crl. J.

2561).

(ii) There must be a report before the Court that the person

against whom warrant was issued had absconded or had been

concealing himself so that the warrant of arrest could not be

executed against him. However, the Court is not bound to take

evidence in this regard before issuing a Proclamation under

Section 82 (1) of the Cr.P.C.. (See Rohit Kumar Vs. State of

Delhi : 2008 Crl. J. 2561).

(iii) The Court cannot issue the Proclamation as a matter of

course because the Police is asking for it. The Court must be

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prima facie satisfied that the person has absconded or is

concealing himself so that the warrant of arrest, previously

issued, cannot be executed, despite reasonable diligence. (See

Bishundayal Mahton and others Vs. Emperor : AIR 1943 Patna

366 and Devender Singh Negi Vs.State of U.P. : 1994 Crl LJ

(Allahabad HC) 1783).

(iv) The requisite date and place for appearance must be

specified in the proclamation requiring such person to appear

on such date at the specified place. Such date must not be less

than 30 clear days from the date of issuance and publication of

the proclamation. (See Gurappa Gugal and others Vs. State of

Mysore : 1969 Cri LJ 826 a