Crl. Misc. -M No.19577 of 2011 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. -M No.19577 of 2011 (O&M) Date of Decision: 4.8.2011 Parmod Kumar @ Parmod Kumar Sharma ..Petitioner. Vs. State of Punjab ..Respondent. CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present : Mr. Ashish Gupta, Advocate for the petitioner. Mr. P.S. Grewal, Deputy Advocate General, Punjab. Rajesh Bindal, J. While issuing notice of motion, the following contentions of learned counsel for the petitioner were recorded: “Learned counsel for the petitioner pointed out that the process for declaring the petitioner as Proclaimed Offender was initiated and in fact, he was declared Proclaimed Offender without appreciating the fact that no notice was ever served upon the petitioner. He has referred to the zimni orders passed by the court below. In terms thereof, on 21.10.2009, notices were issued to accused No.3 and 4 for 6.1.2010. On the next date, the same were not received back served but still the court directed for issuance of bailable warrants. On the next date, i.e. 22.3.2010, though it is noticed that bailable warrants were not received back, but still proclamation warrants under Section 82 Cr.P.C. were directed to be issued and subsequent thereto, the petitioner was declared Proclaimed Offender. He further submitted that he came to know about the pendency of the complaint from the dealer, who is also one of the accused in the complaint. The offence for which the complaint has been filed is bailable. The petitioner did not have any intention to avoid the proceedings.” Crl. Misc. -M No.19577 of 2011 -2- Learned counsel for the petitioner submitted that in terms of the order passed by this Court on 5.7.2011, he has already put in appearance before the Court below on 11.7.2011 and furnished his bail bonds. Learned counsel for the State did not dispute the factual position that notices issued by the Court were not served upon the petitioner as is borne out from the zimni orders. However, it was not disputed that he has already put in appearance. Considering the aforesaid facts and also that the petitioner has already put in appearance before the court below and will face the trial, interim order passed by this Court on 5.7.2011 is made absolute. The petition stands disposed of. ( Rajesh Bindal ) 4.8.2011 Judge Meenu