CRM-M-13110- 169 IN THE HIGH COURT OF PUNJAB AND HARYANA Ashish Mattu @ Bablu State of Punjab CORAM : HON'BLE MS Present: Mr. Amandeep Singh MANDEEP PANNU J. 1. The present petition has been preferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 quashing the impugned order dated declared as a proclaimed person in Section 21-B, 61, 85 of 2. Learned counsel for the petitioner submits that the petitioner was arrested in the aforesaid FIR and was released on regular bail by the learned trial Court vide order dated 29.06.2022. Thereafter, the No. 56 and was granted bail on 07.05.2024. Subsequently, the petitioner was again taken into custody in another FIR registered under the Excise Act. that due to the aforesaid circumstances, the petitioner could not appear before the learned trial Court, as a result of which his bail was cancelled and his bail bonds were forfeited to the State, and non order dated 18.11.2023. Consequently, vide order dated 19.03.2024, the petitioner -2026 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- CRM Date of Decision : Ashish Mattu @ Bablu VERSUS HON'BLE MS. JUSTICE MANDEEP PANNU Mr. Amandeep Singh, Advocate for the petitioner. -.- MANDEEP PANNU J. (Oral) The present petition has been preferred under Section 528 of the Nagarik Suraksha Sanhita, 2023 (corresponding Section 482 Cr.P.C) quashing the impugned order dated 19.03.2024 as a proclaimed person in FIR No.127, dated 27.05.2022, registered under B, 61, 85 of NDPS, at Police Station Division No.7, Ludhiana Learned counsel for the petitioner submits that the petitioner was arrested in the aforesaid FIR and was released on regular bail by the learned trial Court vide order dated 29.06.2022. Thereafter, the No. 56 and was granted bail on 07.05.2024. Subsequently, the petitioner was again taken into custody in another FIR registered under the Excise Act. that due to the aforesaid circumstances, the petitioner could not appear before the learned trial Court, as a result of which his bail was cancelled and his bail bonds were forfeited to the State, and non-bailable warrants were issued again order dated 18.11.2023. Consequently, vide order dated 19.03.2024, the petitioner -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-13110-2026 (O&M) Date of Decision : 11.03.2026 ....Petitioner ....Respondent MANDEEP PANNU , Advocate for the petitioner. The present petition has been preferred under Section 528 of the (corresponding Section 482 Cr.P.C), vide which the petitioner has been FIR No.127, dated 27.05.2022, registered under NDPS, at Police Station Division No.7, Ludhiana. Learned counsel for the petitioner submits that the petitioner was arrested in the aforesaid FIR and was released on regular bail by the learned trial Court vide order dated 29.06.2022. Thereafter, the petitioner was arrested in FIR No. 56 and was granted bail on 07.05.2024. Subsequently, the petitioner was again taken into custody in another FIR registered under the Excise Act. It is submitted that due to the aforesaid circumstances, the petitioner could not appear before the learned trial Court, as a result of which his bail was cancelled and his bail bonds bailable warrants were issued against him vide order dated 18.11.2023. Consequently, vide order dated 19.03.2024, the petitioner The present petition has been preferred under Section 528 of the , for vide which the petitioner has been FIR No.127, dated 27.05.2022, registered under Learned counsel for the petitioner submits that the petitioner was arrested in the aforesaid FIR and was released on regular bail by the learned trial petitioner was arrested in FIR No. 56 and was granted bail on 07.05.2024. Subsequently, the petitioner was again It is submitted that due to the aforesaid circumstances, the petitioner could not appear before the learned trial Court, as a result of which his bail was cancelled and his bail bonds st him vide order dated 18.11.2023. Consequently, vide order dated 19.03.2024, the petitioner TRIPTI SAINI 2026.03.13 18:46 I attest to the accuracy and integrity of this document CRM-M-13110- was declared a proclaimed person, even though he was in custody in another FIR at that time 3. Therefore, it is submitted that the impugned order unsustainable and 4. He further submits that the petitioner undertakes to appear before the trial Court on each and every date of hearing. 5. Notice of motion. 6. Mr. H.S.Wadhwa, DAG Punjab accepts notice on behalf of the respondent-State deliberately avoided appearance, leaving the trial Court with no option but to issue proclamation to secure his pres 7. I have heard learned counsel for the 8. Perusal of the petitioner has was his bail was cancelled. Thereafter, proclamation proceedings were initiated against him and he was declared proclaimed person on 19.03.2024. However, learned counsel for the petitioner has placed on record copy of order dated 25.02.2025 vide which the petitioner was granted bail in another FIR No. 56 of 2023 u/s Excise Act, Police Station Salem order that petitioner was taken in custody in said FIR on 12.09.2023 and was released on bail the date he was declared proclaimed person i.e. on 19.03.2024, he was is in custody in some other case, as a result of which he could not appear in the present case without any lapse on his p -2026 (O&M) was declared a proclaimed person, even though he was in custody in another FIR Therefore, it is submitted that the impugned order stainable and is liable to be set aside. He further submits that the petitioner undertakes to appear before the trial Court on each and every date of hearing. Notice of motion. Mr. H.S.Wadhwa, DAG Punjab accepts notice on behalf of the State and supports the impugned order, contending that the petitioner deliberately avoided appearance, leaving the trial Court with no option but to issue proclamation to secure his presence I have heard learned counsel for the Perusal of the zimini order dated has was absent on that date before the learned trial Court his bail was cancelled. Thereafter, proclamation proceedings were initiated against him and he was declared proclaimed person on 19.03.2024. However, learned counsel for the petitioner has placed on record copy of order dated 25.02.2025 vide hich the petitioner was granted bail in another FIR No. 56 of 2023 u/s Excise Act, Police Station Salem Tabri, Ludhiana. It is specifically mentioned in the said order that petitioner was taken in custody in said FIR on 12.09.2023 and was released on bail vide order dated 25.02.2025, meaning thereby on 18.11.2023 till the date he was declared proclaimed person i.e. on 19.03.2024, he was is in custody in some other case, as a result of which he could not appear in the present case without any lapse on his part. -2- was declared a proclaimed person, even though he was in custody in another FIR Therefore, it is submitted that the impugned order is legally He further submits that the petitioner undertakes to appear before the Mr. H.S.Wadhwa, DAG Punjab accepts notice on behalf of the and supports the impugned order, contending that the petitioner deliberately avoided appearance, leaving the trial Court with no option but to issue I have heard learned counsel for the petitioner and perused the record. order dated 18.11.2023 would reveal that absent on that date before the learned trial Court, accordingly, his bail was cancelled. Thereafter, proclamation proceedings were initiated against him and he was declared proclaimed person on 19.03.2024. However, learned counsel for the petitioner has placed on record copy of order dated 25.02.2025 vide hich the petitioner was granted bail in another FIR No. 56 of 2023 u/s Excise , Ludhiana. It is specifically mentioned in the said order that petitioner was taken in custody in said FIR on 12.09.2023 and was vide order dated 25.02.2025, meaning thereby on 18.11.2023 till the date he was declared proclaimed person i.e. on 19.03.2024, he was is in custody in some other case, as a result of which he could not appear in the present was declared a proclaimed person, even though he was in custody in another FIR legally He further submits that the petitioner undertakes to appear before the Mr. H.S.Wadhwa, DAG Punjab accepts notice on behalf of the and supports the impugned order, contending that the petitioner deliberately avoided appearance, leaving the trial Court with no option but to issue and perused the record. 18.11.2023 would reveal that the ccordingly, his bail was cancelled. Thereafter, proclamation proceedings were initiated against him and he was declared proclaimed person on 19.03.2024. However, learned counsel for the petitioner has placed on record copy of order dated 25.02.2025 vide hich the petitioner was granted bail in another FIR No. 56 of 2023 u/s Excise , Ludhiana. It is specifically mentioned in the said order that petitioner was taken in custody in said FIR on 12.09.2023 and was vide order dated 25.02.2025, meaning thereby on 18.11.2023 till the date he was declared proclaimed person i.e. on 19.03.2024, he was is in custody in some other case, as a result of which he could not appear in the present TRIPTI SAINI 2026.03.13 18:46 I attest to the accuracy and integrity of this document CRM-M-13110- 9. Considering the totality of circumstances, this Court is of the view that the petitioner can be directed to appear before the trial Court so that trial may resume. order dated 19.03.2024 ‘proclaimed person’, and he is surrender by him before the tri weeks from today petitioner in Poor Patients Welfare Fund, PGIMER, Chandigarh. 10. The petitioner shall also furnish fresh bail bonds/surety satisfaction of the trial Court. Besides, petitioner will also submit an undertaking/affidavit that he will keep appearing during the proceedings of the trial in future and the proceedings will not be delayed because of his conduct. 11. It is made clear that in case, petitioner fails to appear before the trial Court/Duty Magistrate vacated. 12. With aforementioned terms, present petition stands disposed of. 13. All pending March 11, 2026 tripti Whether speaking/non Whether reportable -2026 (O&M) Considering the totality of circumstances, this Court is of the view petitioner can be directed to appear before the trial Court so that trial may resume. Accordingly, plea of the petitioner is accepted. Impugned 19.03.2024 is set aside to the extent of declaring the petitioner as ‘proclaimed person’, and he is directed to be released on bail, in the eventuality of surrender by him before the trial Court/Duty Magistrate from today subject to payment of Rs.5000/ Poor Patients Welfare Fund, PGIMER, Chandigarh. The petitioner shall also furnish fresh bail bonds/surety satisfaction of the trial Court. Besides, petitioner will also submit an undertaking/affidavit that he will keep appearing during the proceedings of the trial future and the proceedings will not be delayed because of his conduct. is made clear that in case, petitioner fails to appear before the trial /Duty Magistrate within a stipulated period, this order shall be deemed to be With aforementioned terms, present petition stands disposed of. All pending miscellaneous application(s), if any, stands disposed of. Whether speaking/non-speaking : Speaking Whether reportable : Yes/No -3- Considering the totality of circumstances, this Court is of the view petitioner can be directed to appear before the trial Court/Duty Magistrate Accordingly, plea of the petitioner is accepted. Impugned set aside to the extent of declaring the petitioner as directed to be released on bail, in the eventuality of /Duty Magistrate within a period of two Rs.5000/- as costs to be deposited by Poor Patients Welfare Fund, PGIMER, Chandigarh. The petitioner shall also furnish fresh bail bonds/surety bonds to the satisfaction of the trial Court. Besides, petitioner will also submit an undertaking/affidavit that he will keep appearing during the proceedings of the trial future and the proceedings will not be delayed because of his conduct. is made clear that in case, petitioner fails to appear before the trial within a stipulated period, this order shall be deemed to be With aforementioned terms, present petition stands disposed of. miscellaneous application(s), if any, stands disposed of. (MANDEEP PANNU) JUDGE : Speaking : Yes/No Considering the totality of circumstances, this Court is of the view /Duty Magistrate, Accordingly, plea of the petitioner is accepted. Impugned set aside to the extent of declaring the petitioner as directed to be released on bail, in the eventuality of two the bonds to the satisfaction of the trial Court. Besides, petitioner will also submit an undertaking/affidavit that he will keep appearing during the proceedings of the trial is made clear that in case, petitioner fails to appear before the trial within a stipulated period, this order shall be deemed to be miscellaneous application(s), if any, stands disposed of. TRIPTI SAINI 2026.03.13 18:46 I attest to the accuracy and integrity of this document