Accused Fled To America To Evade Trial, Punjab & Haryana High Court Imposes Cost In US Dollars

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The Punjab & Haryana High Court has imposed a cost of $10,000 US dollar cost on an accused, who fled to America after obtaining bail in 2004 so as to evade trial in a fraud case for "almost 20 years."

Justice Sandeep Moudgil said, " There is no denial to the fact that due to petitioner's act, delay has occurred in trial proceedings and has caused prejudice to the other side and to compensate the delay which is caused by the petitioner alone, he is directed to deposit costs of US $10,000 with the Punjab and Haryana High Court Bar Clerks Association and a receipt of the same be produced before the trial Court and only in that eventuality, application of the petitioner for seeking bail be considered and decided on the same day ."

These observations were made while hearing a plea under Section 528 of BNSS, 2023, seeking the quashing of the order passed in 2004, whereby the petitioner's bail and surety bonds were canceled without issuing any notice to the petitioner, and the order declaring the petitioner a proclaimed offender, issued in 2006.

The accused Avtar Singh Pannu was booked in an FIR lodged in 2004 under Sections 419, 420, 468, 471 IPC and Section 12 of the Passport Act, 1967.

Counsel for Pannu contended that the petitioner was never aware of the proceedings in the present FIR as he was in USA and, therefore, no summons were ever issued or served to the petitioner.

He undertook that Pannu will surrender before the trial Court and shall join the trial proceedings without any delay or default in future.

After hearing the submissions, the Court noted that the present FIR in which the petitioner has been declared proclaimed offender dates back to the year 2004 in which the petitioner was arrested and was thereafter released on regular bail in 2004.

Justice Moudgil highlighted that Pannu left to the USA, so, the fact that the present case is pending against the petitioner was very much in the knowledge of the petitioner and "he intentionally and deliberately has tried to evade the process of law for the last almost 20 years which is highly deprecated on his part."

However, considering that he is ready to come back to India and surrender, the Court granted him one opportunity to appear and surrender before the trial Court.

The judge added that in case an application for bail is moved by the petitioner before the learned trial Court, the same shall be considered on the same date and decided in accordance with law.

The Court made it clear that in case the petitioner does not abide by the undertaking, the State shall be at liberty to move an appropriate application for revival of the instant petition.

Mr. Rahi Mehra, Advocate for the petitioner.

Title: AVTAR SINGH PANNU v. STATE OF PUNJAB

Click here to read/download the order

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