The Punjab & Haryana High Court affirms that in cases where an accused, previously declared a proclaimed person due to inability to attend court on medical grounds (here, prolonged illness), demonstrates intention to rejoin proceedings, anticipatory bail may be granted under Section 482 of the BNSS, 2023. This judgment upholds the court’s inherent powers and clarifies application in such contingencies—serving as a binding precedent within the Punjab and Haryana jurisdiction.
Summary
| Category | Data |
|---|---|
| Case Name | CRM-M/48524/2025 of SONU KUMAR Vs STATE OF PUNJAB |
| CNR | PHHC011390092025 |
| Date of Registration | 29-08-2025 |
| Decision Date | 01-09-2025 |
| Disposal Nature | ALLOWED |
| Judgment Author | MR. JUSTICE VINOD S. BHARDWAJ |
| Court | High Court of Punjab and Haryana |
| Precedent Value | Binding within Punjab & Haryana High Court; persuasive elsewhere |
| Type of Law | Criminal Procedure; Grant of Anticipatory Bail under BNSS, 2023 |
| Questions of Law | Whether anticipatory bail can be granted under Section 482 BNSS, 2023, to an accused declared proclaimed person due to non-appearance on medical grounds, upon undertaking to appear before trial court. |
| Ratio Decidendi |
The court observed that when an accused, previously out on bail, missed court appearances due to severe medical reasons and was then declared proclaimed person (with such order later set aside), but now expresses genuine intent to join proceedings, anticipatory bail may be granted under Section 482 BNSS, 2023. The discretion is justified especially when the State does not dispute the factual matrix and bona fide intent is established. The order directs admission to bail upon fresh bonds and conditions specified under the statute. |
| Facts as Summarised by the Court | The petitioner failed to attend trial due to injuries and prolonged illness, leading to being declared a proclaimed person. This order was later set aside. Petitioner seeks anticipatory bail, undertaking to appear and join legal proceedings. |
| Citations | CRM-M-48524-2025 (O&M), Order dated 01.09.2025 |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within Punjab & Haryana |
| Persuasive For | Other High Courts, Supreme Court |
What’s New / What Lawyers Should Note
- Clarifies that anticipatory bail under Section 482 BNSS, 2023, can be sought by an accused previously declared a proclaimed person due to genuine medical inability to attend court.
- Express declaration that bona fide intent to participate in the legal process, coupled with undisputed medical facts, is sufficient ground for relief.
- Lawyers should ensure supporting medical documentation and applicant’s undertaking to appear before trial court are robustly presented.
- The State’s position on factual matrix, if not disputed, strongly supports grant of bail.
Summary of Legal Reasoning
- The court considered the petitioner’s sustained injuries and medical treatment as a genuine cause for his non-appearance.
- Noted that the previous order declaring the petitioner a proclaimed person was already set aside, removing procedural barriers.
- Recording no dispute from the State’s side regarding the medical facts, the court exercised inherent powers under Section 482 BNSS, 2023.
- Emphasis placed on the accused’s bona fide intention to appear and continue participating in the trial.
- Ordered that bail be granted upon submission of fresh bonds and subject to statutory conditions.
Arguments by the Parties
Petitioner
- Petitioner was unable to appear before the trial court due to injuries and subsequent medical treatment.
- Declared proclaimed person during absence; such order was set aside by the High Court.
- Petitioner expresses sincere intention to resume participation in legal proceedings.
- Requests not to be taken into custody on account of his illness.
Respondent (State)
- State does not dispute the factual matrix regarding petitioner’s illness and previous absence.
Factual Background
The petitioner was out on bail in FIR No. 21 dated 07.03.2017, involving Sections 379-B, 356, and 34 of the IPC at Police Station Chhajli, Sunam, Sangrur. Due to injuries sustained on 15.02.2023, he was admitted to AIIMS Bathinda and unable to appear in court, leading to his being declared a proclaimed person on 28.10.2024. That order was set aside on 20.12.2024. He applied for anticipatory bail, affirming his intention to appear before the trial court.
Statutory Analysis
- The judgment applies Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affirming the court’s inherent powers.
- Specifies that conditions for bail are to be governed by the terms of Section 482 BNSS, 2023.
- No further statutory provisions were interpreted or “read down” in the judgment.
Alert Indicators
- ✔ Precedent Followed – The decision affirms the consistent judicial approach in exercising inherent powers for bona fide medical incapacitation cases under the procedural law.
Citations
- CRM-M-48524-2025 (O&M), Order dated 01.09.2025 (PHHC011390092025)