Existence of Judicial Proceeding - The key factor determining whether a person should be heard in relation to an offer of pardon is the existence of a judicial proceeding. When such a proceeding is in progress, affected persons may have a right to be heard. Conversely, in the absence of a judicial proceeding, there is no basis for hearing any individual, as the procedural context does not exist. The question of who should be heard arises only if a proceeding is ongoing. STATE VS SUNIL BATRA ALIAS BOBBY - Delhi

Analysis and Conclusion - The defendant's participation in a proceeding at any stage hinges on whether a judicial process is active. If no proceeding exists, the defendant cannot be said to have joined or participated in any proceeding. Therefore, unless a judicial process is initiated or ongoing, the defendant has not joined any proceeding at any stage or time.