IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-43628-2025 Date of decision: 08.09.2025 Parminder Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MS. JUSTICE AARADHNA SAWHNEY Present : Mr. Jasraj Singh, Advocate for the petitioner.

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AARADHNA SAWHNEY, J.(ORAL)

1. Petitioner, an accused in case FIR No.61 dated 18.06.2018 registered against him under Sections 323, 452, 506, 148 and 149 IPC (Section 34 IPC added later on in place of Section 148 and 149 IPC) at Police Station Mehtiana, District Hoshiarpur, has prayed for setting aside/quashing the order dated 11.07.2023 (Annexure P-6) passed by the learned Judicial Magistrate First Class, Hoshiarpur, vide which he (Petitioner) was declared a ‘Proclaimed Offender’.

2. As per Petitioner, after he was arrested in the aforesaid FIR, he was granted the concession of anticipatory bail by learned Additional Sessions Judge, Hoshiarpur, vide order dated 25.06.2018, which was made absolute on 10.07.2018.

During pendency of the aforesaid case, petitioner could not appear in the Court and on 30.01.2023, following order was passed:-

“Notice to accused Parminder Singh received back unserved with report of abroad. Accordingly the bail bonds of accused Parminder Singh stands cancelled. His bail bonds and surety bonds are also forfeited to state. Let, accused Parminder Singh be arrested and produced before this Court on 03.03.2023.

Notice to his surety be also issued for the date fixed. Fresh notice to accused Ajay Singh be also issued.” On 03.03.2023, following order was passed:-

“Non bailable warrants issued to accused Parminder Singh received back unexecuted. This Court is satisfied that accused is intentionally concealing his presence to evade process of the court. Let, proclamation of accused be issued for 24.04.2023.

Notice issued to surety received back served with report of died. Death report of surety be called from SHO concerned on next date.”

On 24.04.2023, following order was passed:-

“Proclamation issued against accused Parminder Singh received back executed. Statement of serving constable has also been recorded in this regard. Statutory period of 30 days has not been lapsed. Adjourned to 22.05.2023 awaiting appearance of accused Parminder Singh.

Death report of surety Tarsem Singh received. Which is accompanied by copy of death certificate of surety Tarsem Singh who died on 07.01.2022. Since surety has already died proceedings against him stand dropped.”

The Court was conscious of the fact that since the statutory period of 30 days, from the publication of proclamation had not elapsed (Annexures P-8 and P-9 reveal that executing constable had visited at the residence of petitioner-accused on 21.04.2023), the case was adjourned to 22.05.2023 for awaiting the presence of the petitioner. On the following day i.e. on 22.05.2023, the Presiding Officer was on leave, resultantly, the case was adjourned to 11.07.2023, when the following order was passed and the petitioner was declared as Proclaimed Offender:-

“Case was fixed awaiting appearance of accused. Case called several times since morning. However neither the accused has appeared nor has anyone else appeared explaining absence of accused. Statement of serving constable has already been recorded. As such accused Parminder Singh is hereby declared proclaimed person. Intimation in offender this regard be sent to SHO concerned for proceeding in accordance with law.

An application for exemption from personal appearance of accused Ajay Singh has been filed which stands allowed today only keeping in view grounds mentioned therein application.

Summons to Pws be issued for 25.8.2023.”

3. Learned counsel submits that a bare perusal of the interim orders passed by the learned trial Court, copies of which have been appended along with the petition, go to show that proclamation was issued against petitioner for 24.04.2023. Since the executing constable had visited at the residence of petitioner/accused on 21.04.2023, the case