The High Court
Case Details
CRM-M-44213 44213-2025 - -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH (123) Gurpartap Singh Gurpartap Singh CRM-M-44213-2025 Date of Decision:- 13.08.2025 Date of Decision: ……petitioner ……petitioner State of Haryana and Anr. State of Haryana and Anr. Versus ……Respondents ……Respondents CORAM:
Legal Reasoning
ALOK JAIN HON’BLE MR. JUSTICE ALOK JAIN Present: , Advocate for the petitioner. Ms. Veena Hooda, Advocate for the petitioner. **** Mr. Paras Talwar, Sr. DAG, Haryana. Mr. Paras Talwar, Sr. DAG, Haryana. *** ALOK JAIN, J. (Oral) ALOK JAIN, J. (Oral) 1. The present petition has been filed challenging the order dated The present petition has been filed challenging the order dated The present petition has been filed challenging the order dated 27.01.2025 passed by the learned JMIC, Assandh, Karnal, whereby the 27.01.2025 passed by the learned JMIC, Assandh, Karnal, whereby the 27.01.2025 passed by the learned JMIC, Assandh, Karnal, whereby the 27.01.2025 passed by the learned JMIC, Assandh, Karnal, whereby the petitioner was declared a proclaimed person during the pendency of the trial petitioner was declared a proclaimed person during the pendency of the trial petitioner was declared a proclaimed person during the pendency of the trial petitioner was declared a proclaimed person during the pendency of the trial in FIR No. 73 dated 18.09.2019, registered at Women Police Station, in FIR No. 73 dated 18.09.2019, registered at Women Police Station, in FIR No. 73 dated 18.09.2019, registered at Women Police Station, in FIR No. 73 dated 18.09.2019, registered at Women Police Station, Assandh, District Karnal, Haryana. Assandh, District Karnal, Haryana. 2. rned counsel for the petitioner submits that the petitioner Learned counsel for the petitioner submits that the petitioner rned counsel for the petitioner submits that the petitioner 18.09.2019 and was granted the was arrested in FIR No. 73 of 2019 dated 18.09.2019 and was granted the 18.09.2019 and was granted the was arrested concession of regular bail on 21.09.2019. Subsequently, up until May 2023, concession of regular bail on 21.09.2019. Subsequently, up until May 2023, concession of regular bail on 21.09.2019. Subsequently, up until May 2023, concession of regular bail on 21.09.2019. Subsequently, up until May 2023, Court. However, the the petitioner was regularly appearing before the Court. However, the the petitioner was regularly appearing before the the petitioner was regularly appearing before the petitioner left for a foreign country sometime between July and September petitioner left for a foreign country sometime between July and September petitioner left for a foreign country sometime between July and September petitioner left for a foreign country sometime between July and September The petitioner 2023, which led to the forfeiture of his bail on 06.06.2024. The petitioner 2023, which led to the forfeiture of his bail on 06.06.2024. 2023, which led to the forfeiture of his bail on 06.06.2024. was thereafter declared a proclaimed person by the impugned order. was thereafter declared a proclaimed person by the impugned order. was thereafter declared a proclaimed person by the impugned order. was thereafter declared a proclaimed person by the impugned order. MANJU 2025.08.13 18:51 I agree to specified portions of this document - -2- CRM-M-44213 44213-2025 at the petitioner has returned to India and wishes to join Counsel submits that the petitioner has returned to India and wishes to join at the petitioner has returned to India and wishes to join Counsel submits th the proceedings, but apprehends arrest due to the impugned order. the proceedings, but apprehends arrest due to the impugned order. the proceedings, but apprehends arrest due to the impugned order. 3. Learned counsel has vehemently argued that the proclamation Learned counsel has vehemently argued that the proclamation Learned counsel has vehemently argued that the proclamation s the undertaken by the authorities suffers from a typographical error, as the undertaken by the authorities suffers from a typographical error, a undertaken by the authorities suffers from a typographical error, a petitioner’s name is Gurpartap Singh, S/o Malak Singh, R/o Ward No.14, petitioner’s name is Gurpartap Singh, S/o Malak Singh, R/o Ward No.14, petitioner’s name is Gurpartap Singh, S/o Malak Singh, R/o Ward No.14, petitioner’s name is Gurpartap Singh, S/o Malak Singh, R/o Ward No.14, Near Bus Stand, Assandh, Karnal, Haryana. Counsel relies on vernacular Near Bus Stand, Assandh, Karnal, Haryana. Counsel relies on vernacular Near Bus Stand, Assandh, Karnal, Haryana. Counsel relies on vernacular Near Bus Stand, Assandh, Karnal, Haryana. Counsel relies on vernacular 11 to submit that the name was incorrectly written as Annexure P-11 to submit that the name was incorrectly written as 11 to submit that the name was incorrectly written as Annexure P . ‘Gurpartab’. 4. the petitioner at length. I do not Heard, learned counsel for the petitioner at length. I do not the petitioner at length. I do not find any merit in the present petition, as there is no infirmity in the order find any merit in the present petition, as there is no infirmity in the order find any merit in the present petition, as there is no infirmity in the order find any merit in the present petition, as there is no infirmity in the order passed by the Court below. passed by the Court below. 5. it A perusal of the same does not demonstrate any false name, it A perusal of the same does not demonstrate any false name writing. The proclamation appears to be a variation in spelling or style of writing. The proclamation appears to be a variation in spelling or style of appears to be a variation in spelling or style of was effected in the area and through his father, Malak Singh. The service of was effected in the area and through his father, Malak Singh. The service of was effected in the area and through his father, Malak Singh. The service of was effected in the area and through his father, Malak Singh. The service of proclamation upon the father was duly carried out, and the objection raised proclamation upon the father was duly carried out, and the objection raised proclamation upon the father was duly carried out, and the objection raised proclamation upon the father was duly carried out, and the objection raised by the petitioner is extremely hyper-technical. Moreover, it is admitted tha by the petitioner is extremely hyper t technical. Moreover, it is admitted that the petitioner was aware of the ongoing criminal proceedings, and the petitioner was aware of the ongoing criminal proceedings, and the petitioner was aware of the ongoing criminal proceedings, and the petitioner was aware of the ongoing criminal proceedings, and from admittedly the petitioner left the country without seeking permission from admittedly the petitioner left the country without seeking admittedly the petitioner left the country without seeking and absented the Court. Since the petitioner violated the bail conditions and absented the Court. Since the petitioner violated the bail conditions the Court. Since the petitioner violated the bail conditions himself, the trial Court rightly forfei ted his bail bonds, and upon his failure , the trial Court rightly forfeited his bail bonds, and upon his failure ted his bail bonds, and upon his failure to appear, the proclamation was carried out in accordance with law. to appear, the proclamation was carried out in accordance with law. to appear, the proclamation was carried out in accordance with law. 6. At this stage, learned counsel for the petitioner submits that the At this stage, learned counsel for the petitioner submits that the At this stage, learned counsel for the petitioner submits that the lar petitioner is ready to surrender and prays that, in case he applies for regular petitioner is ready to surrender and prays that, in case he applies for regu petitioner is ready to surrender and prays that, in case he applies for regu bail, the same be decided expeditiously in accordance with law. bail, the same be decided expeditiously in accordance with law. bail, the same be decided expeditiously in accordance with law. MANJU 2025.08.13 18:51 I agree to specified portions of this document -3- - CRM-M-44213 44213-2025 7. he present petition is dismissed on In light of the above, the present petition is dismissed on he present petition is dismissed on merits. However, in case the petitioner surrenders within one week from merits. However, in case the petitioner surrenders within one week from merits. However, in case the petitioner surrenders within one week from merits. However, in case the petitioner surrenders within one week from bail today and applies for grant of regular bail thereafter, the said bail today and applies for grant of regular bail thereaft today and applies for grant of regular bail thereaft by the Court of competent jurisdiction application shall be considered by the Court of competent jurisdiction by the Court of competent jurisdiction application shall be considered expeditiously on its own merits and in accordance with law. expeditiously on its own merits and in accordance with law. expeditiously on its own merits and in accordance with law. August 13, 2025 August 13, 2025 manju Whether speaking/reasoned: Whether speaking/reasoned:- Whether Reportable:- Whether Reportable: Yes/No Yes/No (ALOK JAIN) JUDGE MANJU 2025.08.13 18:51 I agree to specified portions of this document