MOHD JAMAL @ RANJHA Vs. STATE

JUDGEMENT

(1.) THE Appellant is aggrieved by an order dated 20.02.2013 passed by the learned Additional Sessions Judge whereby although he was acquitted for the main offence, that is, under Section 307 IPC but he was convicted for the offence punishable under Section 174-A IPC as he was declared a proclaimed offender during the trial of the Sessions Case No.186/2010 which was instituted on 15.05.2009.

(2.) THERE is twofold contention raised on behalf of the Appellant. The firstly, that the process under Section 82 of the Criminal Procedure Code (the Code) was ordered to be issued against the Appellant by an order dated 15.02.2010 passed by the learned ASJ; the process was actually issued by the clerical staff on 02.03.2010 and actual publication was carried out by the process server on 08.03.2010 whereby the Appellant was required to appear before the Court on 27.03.2010. It is urged that as per Section 82 of the Code a period of at least 30 days is required to be given to a person against whom a proclamation has been issued (since the date of publication) to appear in the Court. Since in this case a period of just 19 days was given, the proclamation itself was illegal.

(3.) IT may be noted that the Appellant was arrested or had surrendered in the connected case on 03.09.2012, that is, more than two years after the publication of the proclamation under Section 82 of the Code. It is not the Appellant's case that he put in an appearance before the Court concerned within 30 days or that he was incapacitated to appear before the Court immediately after 30 days of the date of publication of the proclamation. Thus, even if in pursuance of order dated 15.02.2010 for issuing proclamation against the Appellant, the proclamation was really published on 08.03.2010, the fact that he was required to appear on or before 27th March losses significance. In order to show his bonafide and escape prosecution under Section 174-A IPC he could have appeared within 30 days of the publication. I am supported in this view by a judgment of a learned Single Judge of this Court in Munnawar Hasan v. State of NCT of Delhi, Crl.Rev. P. No.44/2013 decided on 30.04.2013.