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"...3. That on 21.09.2021 the applicant/JD namely Gurpreet Singh Sidhu Managing Director of the company was arrested and since then he is in judicial custody.

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11. That the proceedings which were initiated under Section 82 of Cr.P.C. were just to secure the presence of the applicant/JD. Once the said purpose is achieved and the applicant/JD is showing his bonafide by trying hard to fulfill his commitments even when he is in custody keeping in view the conduct of the applicant/JD in the interest of justice the properties of the applicant/JD may be deattached and property should be restored according to the judgment laid down in the matter of "Vimalben Ajitbhai Patel Vs. Vatslaben Ashokbhai Patel 2008(4) SCC 649". It is pertinent to mention here that the applicant/JD is ready to furnish the requisite bail bonds to the entire satisfaction of Hon'ble Commission. It was also observed that once the accused is absconded and declared proclaimed offender and his property is attached thereafter if accused surrendered then in that case the properties which have been attached by the court the same should be restored as provisions of Cr.P.C. do not provide sale of the property. Once the accused surrendered then his no longer an absconder and accordingly the properties which have been attached for procuring his presence same be restored and deattached....."

          Thereafter, the applicant was arrested by the Police on 21.09.2021 and produced before this Commission on 22.09.2021. Section 85 of Cr.P.C. relates to the release, sale and restoration of attached property under Section 82 of the Cr.P.C., relevant part of which is reproduced hereunder:-

"......85. Release, sale and restoration of attached property. (1) 85. Release, sale and restoration of attached property.

(1) If the proclaimed person appears within the time specified in the proclamation, the Court shall make an order releasing the property from the attachment.

          In these cases, the properties of the applicant was not disposed of by the State even within a period of 2 years, from the date of attachment. Infact, the proclaimed offender was duly represented by his Counsel but in the absence of his personal appearance, non bailable warrants were issued and publication under Section  83 of Cr.P.C. was effected in the newspaper. We are of the considered view that instead of declaring him proclaimed offender, he  should be declared as proclaimed person in view of the judgment of Hon'ble Delhi High Court, in Arun Kumar Arihar Vs. State, 2021 (2) RCR Criminal 556. In that case, the FIR was registered under 406/420/120 B of IPC. Hon'ble High Court has held that said provision of law do not fall within the ambit of Section 82 (4) of Cr.P.C           As stated above, the applicant has already filed application bearing no.376 of 2020 in this case on 09.06.2020 which is kept pending till date. Thus, he has already made a request within two years. Under similar circumstances, the Hon'ble  Kerela High Court in the case of Gigimol Rajan Versus  District Collector, LAWS(KER)-2019-8-150, decided on August 06, 2019 held as under:-

On 17.7.2015 the accused was arrested and produced and then he pleaded guilty for the offences. After accepting his plea he was convicted and fined Rs.2500/- for the offences. It was further ordered to pay the fine amount, if realised, to the de facto complainant, as compensation U/s.257(1) of Cr.P.C. Accused remitted the fine amount."

5. Section 85 of the Cr.P.C. provides for the release, sale and restoration of the attached property. Section 85(3) states that if, within two years from the date of the attachment, any person whose property is or has been at the disposal of the State Government, under sub-section (2), appears voluntarily or is apprehended and brought before the Court by whose order the property was attached, or the Court to which such Court is subordinate, and proves to the satisfaction of such Court that he did not abscond or conceal himself for the purpose of avoiding execution of the warrant, and that he had not such notice of the proclamation as to enable him to attend within the time specified therein, such property, or, if the same has been sold, the net proceeds of the sale, or, if part only thereof has been sold, the net proceeds of the sale and the residue of the property, shall, after satisfying there from all costs incurred in consequence of the attachment, be delivered to him.