A Delhi Court has directed to issue a proclamation process against an accused who has fled with his mother after getting bail. Notably, the mother is surety for her son. Both of them are now untraceable. They have also sold the house where they were residing earlier.
Additional Sessions Judge Amitabh Rawat of Karkardooma Court has directed to issue a process of the proclamation against accused Ajay Kumar for securing his presence. He is an accused in a riot case registered at police Khajoori Khas, Delhi. The court noted that the warrant of attachment issued against Premwati, surety for accused Ajay, received unexecuted with a report that the surety has left the given address after selling the same and her new address is not known. The NBW against accused Ajay Kumar is also received unexecuted with the same report.
The mother is the surety of the accused and from the reports, it is apparent that they have changed their address without giving any intimation to this court. In the bail bond, both of them had furnished the same address and no other address was mentioned therein, the court said. The court observed, “It is thus, well apparent that the accused as well as his surety, both have become untraceable, because of their own act. Accused Ajay has stopped appearing in the case.
“In these circumstances, I am satisfied that NBW against him cannot be executed in normal circumstances, as the accused is hiding himself,” the court said. “Hence, issue process under Section 82 CrPC against the accused Ajay Kumar, which must be published in accordance with the law, with at least a gap of one month from the next date ofhearing,” the court directed in the order of September 8, 2022.
Along with the surety bond two original FDRs were furnished by the surety Premwati. Same be sent to concerned Bank Manager as well as to the concerned company, for their encashment, the court said. The court directed the concerned Bank Manager and Manager of Sahara Co-operative Society Ltd to deposit the maturity amount of the respective FDRs, in the court by the next date of hearing on October 27, 2022.
The court has also directed to send the original FDR along with a copy of this order to respective Branch Manager. The process of proclamation under section 82 of CrPC is a written proclamation by the Court requiring an accused to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation.