Recording of reasons must before proclamation: HC

The Punjab and Haryana High Court has held that an order declaring an accused a proclaimed offender cannot sustain if the trial court fails to record reasons for its satisfaction or belief that the person has absconded or is concealing himself.

Justice Sukhvinder Kaur made it clear that it was incumbent upon the trial court to record reasons of its satisfaction/belief that accused had absconded or were concealing themselves, while issuing proclamation.

The court was hearing a petition seeking quashing of a proclamation order dated February 24, 2022, passed by Jalandhar Judicial Magistrate First Class in an FIR registered on June 16, 2020, for cheating and other offences under Sections 406, 420 and 120-B of the IPC at Basti Bawa Khel police station in Jalandhar.

The counsel for the petitioners contended that the proclamation order was passed without following the due process under Section 82 of the CrPC. He argued that the conditions mentioned in the Section were overlooked, reasons for satisfaction were not recorded, and there was proper publication of proclamation as mandated by law was not done. It has also not been proven on record that the petitioners were ever served with summons, bailable warrants, non-bailable warrants or proclamation.

The counsel added the petitioners were ready to appear before the trial court on each hearing. Appearing on advance notice, the State counsel – on the other hand – argued that the petitioners had deliberately avoided appearance and were rightly declared proclaimed offenders.

After hearing rival contentions, the Bench asserted the purpose of issuing non-bailable warrants or proclamation was also to secure presence of accused persons before the court. The petitioners in the case before the Bench had undertaken to appear before the court concerned on each and every date, Justice Sukhvinder Kaur observed.

Noticing that the parties had since entered into a compromise and settled their disputes, the Bench added: “In view of the facts and circumstances, it is held that the impugned order, vide which the petitioners were declared proclaimed offenders, suffers from material illegalities and is set aside and petitioners are directed to appear before the trial court within a period of two weeks from today. On doing so, they shall be admitted to bail on furnishing bail bonds and surety bonds to the satisfaction of learned Trial Court.”

Before parting, Justice Sukhvinder Kaur cautioned: “If the petitioners fail to appear before the learned Trial Court, the interim protection granted by this court shall be deemed to be vacated.”