Rape case: Ludhiana trial court issues fresh proclamation notice against Simarjeet Bains

Earlier, the court had started proclaimed offender proceedings against Bains and other accused on January 19 and the date fixed for hearing was February 11. However, ahead of Punjab assembly polls, which were held on February 20, Bains had moved the Supreme Court which had granted a stay on his arrest for one week from February 3.

The trial court on Friday in its order said that “no further order has been received regarding continuation of stay from arrest.” The court also observed that earlier when proclamation of accused persons were executed on January 19 and the date fixed for appearance of accused was February 11, “period of 30 days had not lapsed from date of publishing of the proclamation i.e. 19.01.2022 to 11.02.2022…”, which is mandatory as per the section 82 of CrPC.

“Since the mandatory period of 30 days had not lapsed, accordingly fresh proclamation of the accused Simarjit Singh Bains, Paramjit Singh Bains @Pamma, Karamjit Singh… be issued again for 12.04.2022. Serving constable is directed to get his statement recorded on 04.03.2022 in respect of execution of the proclamation,” read the court order, Friday.

Advocate Harish Rai Dhanda, counsel for the complainant, said that after police failed to arrest Bains and other accused in the case despite issuance of non-bailable warrants multiple times, the court has published fresh notice and initiated proceedings to declare Bains and other accused as proclaimed offenders.
“If he and other accused fail to reply to notice or appear in the court by April 12, the court will pronounce them as proclaimed offenders,” said Dhanda. The case will be heard next on April 12.