Opportunity Granted for Appearance Before Trial Court with Conditions to Ensure Justice and Expedite Proceedings
In a significant development, the Punjab and Haryana High Court has quashed the order declaring Paramjit Kaur as a 'Proclaimed Person.' The judgment, delivered by Justice Sanjay Vashisth, provides Paramjit Kaur a chance to appear before the trial court and resume proceedings. This decision comes with specific conditions, including the payment of Rs. 50,000/- as costs, furnishing bail bonds, and an undertaking to cooperate during the trial.
Paramjit Kaur, residing in the USA since 2000, was declared a 'Proclaimed Person' by the Sub Divisional Judicial Magistrate, Sultanpur Lodhi, in connection with FIR No. 153, dated December 13, 2011. The case involved charges under sections related to forgery and conspiracy, under the Indian Penal Code and corresponding sections of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Paramjit Kaur's counsel argued that her absence was unintentional as she was unaware of the proceedings in India. Despite two previous petitions being dismissed, she expressed willingness to join the trial proceedings if granted an opportunity, subject to conditions imposed by the court.
The court acknowledged the unintentional default due to valid reasons and emphasized the importance of justice and a speedy trial. The judgment cited cases where courts declared accused as 'Proclaimed Persons' due to intentional defaults but recognized the need for a balanced approach when absences were due to genuine reasons.
Justice Vashisth noted that the primary objective is to secure the presence of accused individuals to expedite trials. The court, while setting aside the impugned order, directed Paramjit Kaur to appear before the trial court by July 27, 2026, furnish bail bonds, and submit an undertaking to avoid future absences.
Additionally, Paramjit Kaur is required to deposit Rs. 50,000/- in an Old Age Home as decided by the trial court within a specified timeframe. Failure to comply would render the order ineffective.
This judgment reflects the court's commitment to ensuring justice without unnecessary delays, acknowledging genuine hardships faced by individuals residing abroad, and balancing procedural requirements with humanitarian considerations.
Bottom line:-
Quashing of order declaring petitioner as a 'Proclaimed Person' - Court may provide an opportunity to the petitioner to appear before the trial court and restart proceedings, subject to conditions such as payment of costs and furnishing bail bonds.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 528, 84, 85, 110
Paramjit Kaur v. State of Punjab, (Punjab And Haryana) : Law Finder Doc id # 2941361
