STATE OF HARYANA Vs. DARSHAN SINGH

JUDGEMENT

(1.) The High Court by its impugned order even while granting bail to the accused issued detailed and elaborate guidelines with respect to the manner of issuing proclamations under Ss. 82 and 83 Cr.P.C. The impugned order decides inter alia that:

(2.) The impugned order also reveals that the Court took into consideration Ss. 174, 82 and 311 IPC. The Court noted Sec. 174 but went on to hold that the defaulting witness can be punished with simple imprisonment with a term extending up to six months or fine.

(3.) The provisions of Sec. 174 Cr. P.C. are clear and they require the person bound to attend "In person or by an agent at a certain place and time, in obedience to summons, notice, order, omits to do so intentionally", will be punished. The consequence of non-appearance is, however, spelt out in Sec. 174A, which reads as follows: