CRM-M-30720 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND 140 HARENDER STATE OF CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- MANISHA BATRA, J. 1. 528 of Bhar quashing of order dated Learned Additional Sessions Judge, Sonepat Harender etc. under Sections 506, 307, 149, 148 of IPC, Section 25 of Arms Act, Section 3(1)(r) and 3(1)(s) of Scheduled Castes and Scheduled Atrocities Act, 1989) at Police Station Gannaur, District Sonepat, whereby he had been declared a proclaimed offender. 2. extended benefit of regular bail in this case by the Court of Learned Additional Sessions Judge, Sonepat vide order dated 22.12.2023. He had been regularly appearing before the Learned Trial Court. On 26.05.2025, he moved an application for e He could not appear 30720-2026 (O&M) IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH HARENDER Versus STATE OF HARYANA CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Abhishek Goel, Advocate for the petitioner. Ms. Himani Arora, DAG, Haryana MANISHA BATRA, J. (Oral) The instant petition has been filed by the petitioner under Section Bharatiya Nagarik Suraksha Sanhita, 2023 quashing of order dated 23.04.2026 (Annexure P Learned Additional Sessions Judge, Sonepat Harender etc., in case arising out of FIR No.204 dated 01.05.2023 under Sections 506, 307, 149, 148 of IPC, Section 25 of Arms Act, Section 3(1)(r) and 3(1)(s) of Scheduled Castes and Scheduled Atrocities Act, 1989) at Police Station Gannaur, District Sonepat, whereby he had been declared a proclaimed offender. It is argued by learned counsel for the petitioner extended benefit of regular bail in this case by the Court of Learned Additional Sessions Judge, Sonepat vide order dated 22.12.2023. He had been regularly appearing before the Learned Trial Court. On 26.05.2025, he moved an application for exempting his presence which had been dismissed. He could not appear before the Learned Trial Court on that day as his near -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-30720-2026 (O&M) Date of decision: 27.05.2026 ...Petitioner Versus ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA , Advocate Ms. Himani Arora, DAG, Haryana The instant petition has been filed by the petitioner under Section tiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) 23.04.2026 (Annexure P-5) passed by the Court of Learned Additional Sessions Judge, Sonepat in case titled as State Vs. in case arising out of FIR No.204 dated 01.05.2023 registered under Sections 506, 307, 149, 148 of IPC, Section 25 of Arms Act, Section 3(1)(r) and 3(1)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act, 1989) at Police Station Gannaur, District Sonepat, whereby he It is argued by learned counsel for the petitioner that he had been extended benefit of regular bail in this case by the Court of Learned Additional Sessions Judge, Sonepat vide order dated 22.12.2023. He had been regularly appearing before the Learned Trial Court. On 26.05.2025, he xempting his presence which had been dismissed. the Learned Trial Court on that day as his near - (O&M) 27.05.2026 ...Petitioner ...Respondent The instant petition has been filed by the petitioner under Section (for short ‘BNSS’) for 5) passed by the Court of State Vs. registered under Sections 506, 307, 149, 148 of IPC, Section 25 of Arms Act, Section Tribes (Prevention of Atrocities Act, 1989) at Police Station Gannaur, District Sonepat, whereby he he had been extended benefit of regular bail in this case by the Court of Learned Additional Sessions Judge, Sonepat vide order dated 22.12.2023. He had been regularly appearing before the Learned Trial Court. On 26.05.2025, he xempting his presence which had been dismissed. the Learned Trial Court on that day as his near AMIT SHARMA 2026.05.29 12:26 I attest to the accuracy and integrity of this order/judgment. CRM-M-30720 relative had suffered heart attack on 25.05.2025 and he had to rush him to hospital. The Learned Trial Court cancelled the bail of t warrants of arrest was issued against him vide order dated 26.05.2025. had filed a petition bearing CRM order dated 26.05.2025 had been quashed by this Court on 19.03.2026. He was to surrender b Delhi Police in some other case in March, 2026 itself, due to not surrender within the stipulated time and had been declared 23.04.2026. It is submitted that since his account of the reason mentioned be set aside and the petition deserves to be allowed. 3. 4. submitted that there is no illegality or infirmity in the impugned order and as such the petition does not deserve to be allowed. 5. counsel for the parties at considerable length. 6. illegality or infirmity in the order dated 23.04.2026 as passed by the Learned Trial Court since it was on account of non that his bail was cancelled then proclamation p against him and he was declared a proclaimed person. As such, this order warrants no interference. However, ready to join the proceedings before the Learned Trial Court and abide by the terms and conditions to be imposed upon him by the Trial Court 30720-2026 (O&M) relative had suffered heart attack on 25.05.2025 and he had to rush him to The Learned Trial Court cancelled the bail of t warrants of arrest was issued against him vide order dated 26.05.2025. had filed a petition bearing CRM-M-53390 order dated 26.05.2025 had been quashed by this Court on 19.03.2026. He was to surrender before the Trial Court within 10 days but was arrested by Delhi Police in some other case in March, 2026 itself, due to not surrender within the stipulated time and had been declared 23.04.2026. It is submitted that since his account of the reason mentioned-above, hence, the impugned order is liable to be set aside and the petition deserves to be allowed. Notice of motion. Learned State counsel has advance notice of the petition and ha submitted that there is no illegality or infirmity in the impugned order and as such the petition does not deserve to be allowed. This Court has heard the rival submissions made by learned counsel for the parties at considerable length. On going through the record, this Court also does not find any illegality or infirmity in the order dated 23.04.2026 as passed by the Learned Trial Court since it was on account of non that his bail was cancelled then proclamation p against him and he was declared a proclaimed person. As such, this order warrants no interference. However, in view of the fact that the petitioner is ready to join the proceedings before the Learned Trial Court and abide by the terms and conditions to be imposed upon him by the Trial Court -2- relative had suffered heart attack on 25.05.2025 and he had to rush him to The Learned Trial Court cancelled the bail of the petitioner and warrants of arrest was issued against him vide order dated 26.05.2025. 53390-2025 before this Court and the order dated 26.05.2025 had been quashed by this Court on 19.03.2026. He efore the Trial Court within 10 days but was arrested by Delhi Police in some other case in March, 2026 itself, due to which he could not surrender within the stipulated time and had been declared a person as on 23.04.2026. It is submitted that since his absence was not intentional but on above, hence, the impugned order is liable to be set aside and the petition deserves to be allowed. Learned State counsel has advance notice of the petition and ha submitted that there is no illegality or infirmity in the impugned order and as such the petition does not deserve to be allowed. This Court has heard the rival submissions made by learned counsel for the parties at considerable length. through the record, this Court also does not find any illegality or infirmity in the order dated 23.04.2026 as passed by the Learned Trial Court since it was on account of non-appearance of the petitioner and that his bail was cancelled then proclamation proceedings were initiated against him and he was declared a proclaimed person. As such, this order in view of the fact that the petitioner is ready to join the proceedings before the Learned Trial Court and is ready to abide by the terms and conditions to be imposed upon him by the Trial Court - relative had suffered heart attack on 25.05.2025 and he had to rush him to he petitioner and warrants of arrest was issued against him vide order dated 26.05.2025. He before this Court and the order dated 26.05.2025 had been quashed by this Court on 19.03.2026. He efore the Trial Court within 10 days but was arrested by he could as on absence was not intentional but on above, hence, the impugned order is liable to Learned State counsel has advance notice of the petition and has submitted that there is no illegality or infirmity in the impugned order and as This Court has heard the rival submissions made by learned through the record, this Court also does not find any illegality or infirmity in the order dated 23.04.2026 as passed by the Learned appearance of the petitioner and roceedings were initiated against him and he was declared a proclaimed person. As such, this order in view of the fact that the petitioner is is ready to abide by the terms and conditions to be imposed upon him by the Trial Court, AMIT SHARMA 2026.05.29 12:26 I attest to the accuracy and integrity of this order/judgment. CRM-M-30720 this Court is of the opinion that he can be given the Learned Trial Court so that the proceedings may re smooth manner. Accordin and the impugned order dated 23.04.2026 is set aside to the extent of issuance of declarat be released on bail subject to his surrendering within a period of one month from today, personal as well as surety bonds to the satisfaction of Learned Trial Court and further on depositing cost to the tune of Rs.20,000/ Services Authority (DLSA), Sonepat, he shall be admitted to bai Court. 7. 27.05.2026 Amit Sharma Whether speaking/reasoned Whether reportable 30720-2026 (O&M) this Court is of the opinion that he can be given the Learned Trial Court so that the proceedings may re smooth manner. Accordingly, the prayer made by the petitioner is accepted and the impugned order dated 23.04.2026 is set aside to the extent of issuance tion of the petitioner as a proclaimed offender and he is directed to be released on bail subject to his surrendering within a period of one month from today, personal as well as surety bonds to the satisfaction of Learned Trial Court and further on depositing cost to the tune of Rs.20,000/ Services Authority (DLSA), Sonepat, he shall be admitted to bai A copy of this order be sent to the Learned Trial Court. 27.05.2026 Whether speaking/reasoned Whether reportable -3- this Court is of the opinion that he can be given one chance to appear before the Learned Trial Court so that the proceedings may re-start and continue in gly, the prayer made by the petitioner is accepted and the impugned order dated 23.04.2026 is set aside to the extent of issuance the petitioner as a proclaimed offender and he is directed to be released on bail subject to his surrendering before the Learned Trial Court within a period of one month from today, on doing so and furnishing fresh personal as well as surety bonds to the satisfaction of Learned Trial Court and further on depositing cost to the tune of Rs.20,000/- before the District Legal Services Authority (DLSA), Sonepat, he shall be admitted to bail by the Trial A copy of this order be sent to the Learned Trial Court. (MANISHA BATRA) JUDGE Yes/No Yes/No - one chance to appear before start and continue in gly, the prayer made by the petitioner is accepted and the impugned order dated 23.04.2026 is set aside to the extent of issuance the petitioner as a proclaimed offender and he is directed to the Learned Trial Court on doing so and furnishing fresh personal as well as surety bonds to the satisfaction of Learned Trial Court and before the District Legal l by the Trial AMIT SHARMA 2026.05.29 12:26 I attest to the accuracy and integrity of this order/judgment.