The Punjab and Haryana High Court has held that a clear period of 30 days starting from the date when a proclamation under Section 82 of the Cr.P.C. is actually affected up to the date nominated for causing appearance is mandatory.
In the instant, bench comprising Justice Gurvinder Singh Gill set aside the order of the Lower Court, affording only 26 days to the petitioner-accused, to appear before it in terms of the proclamation.
"Keeping in view the factual position, as noticed in order dated 17.01.2022, it is apparent that a clear period of 30 days w.e.f. the date when proclamation was actually affected upto the date nominated for causing appearance i.e. 28.08.2017 was not afforded to the petitioner and it is only a period of 26 days, which was afforded.
The Court allowed the appeal keeping in view the factual position and the law laid down in Ashok Kumar v. State of Haryana 2013(4) R.C.R. (Criminal) 550 and Anita Sharma v. State of Punjab and held that the impugned order cannot sustain and is hereby set aside.
Thus, bearing in mind the law laid down in Ashok Kumar's case (supra) and Anita Sharma's case (supra), the impugned order cannot sustain and is hereby set aside. The petition is accepted accordingly.
In the instant case, the petitioner was seeking to set aside the order by which he was declared a proclaimed offender. The counsel for the petitioner stated that the requisite provisions of Section 82 Cr.P.C. have not been complied with in letter and spirit because a period of 30 days w.e.f. the date when the proclamation was effected up to the date nominated for causing appearance in the Court, has not been afforded to the petitioner.
The above-mentioned proclamation notice was issued on 17.7.2017 directing the petitioner to appear on 28.8.2017. However, the proclamation actually came to be effected on 2.8.2017.
After considering the facts of the instant case and the law laid down in above-mentioned cases, the court set aside the impugned order.
Case Title: Gurpreet Singh Versus State of Punjab
Citation: 2022 LiveLaw (PH) 108