DEEPAK KUAMR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition filed under Sec. 528 Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking setting aside/quashing of impugned orders dtd. 2/8/2024 (Annexure P-2), 06.011.2024 (Annexure P-9), whereby, bail of the petitioner has been cancelled and his bail/surety bonds were forfeited and his non-bailable warrants were issued and order dtd. 2/1/2025 (Annexure P-15), vide which, he was declared as proclaimed offender passed by learned Judicial Magistrate Ist Class, Jagraon, in case stemming from FIR No.109 dtd. 2/11/2019 registered under Ss. 457/380/427 of IPC at Police Station Sudhary, District Ludhiana Rural (Annexure P-1).

(2.) Learned counsel for the petitioner submits that he was on regular bail in the FIR (supra) and was regularly appearing before the learned trial Court. However on 2/8/2024, he could not appear before the trial Court as he met with an accident and suffered internal injury on his spine and was bedridden and the trial Court cancelled the bail of the petitioner and his bail/surety bonds were forfeited to the state and issued arrest warrants against him. Thereafter, vide orders dtd. 16/8/2024, 30/8/2024, 12/9/2024, 26/9/2024, 9/10/2024, 23/10/2024, non-bailable warrants of the petitioner were issued and on 2/1/2025, he was declared as proclaimed offender. Aggrieved by the same, the petitioner has approached this Court by way of filing the present petition.

(3.) Learned counsel for the petitioner inter alia contends that proclamation was issued against the petitioner without following the drill of Sec. 82 Cr.P.C. (now Sec. 84 of BNSS, 2023) and non-compliance of the mandatory provisions vitiates the entire proceedings, which suffers from incurable illegality as he was never served and the impugned orders are liable to be set aside.