CRM-M-32367 IN THE HIGH COURT OF PUNJAB AND HARYANA AT (142) AKASHDEEP SINGH ALIAS AKASH STATE OF PUNJAB HARWINDER SINGH @ HEERA STATE OF PUNJAB CORAM: Present: ALOK JAIN, J. (Oral) 1. Bharatiya Nagarik Suraksha Sanhita, 2023, seeking the quashing of the order dated 05.05.2026 passed by the learned District Amritsar, in case FIR No. 162 dated 19.05.2021, registered under Sections 303(2), 126(2), 115(2), 118(1), 351, 191(3), and 190 of the Bharatiya Nyaya Sanhita, 2023, and Sections 25 and 27 of the Arms Act, -1- 32367-2026 (O&M) and CRM-M-32606 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AKASHDEEP SINGH ALIAS AKASH Versus STATE OF PUNJAB CRM-M-32606-2026 HARWINDER SINGH @ HEERA Versus STATE OF PUNJAB HON’BLE MR. JUSTICE ALOK JAIN **** Mr. Harmanpreet Singh, Advocate for the petitioner. Mr. Amandeep Singh Samra, AAG, Punjab. ****** ALOK JAIN, J. (Oral) The present petitions have been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking the quashing of the order dated 05.05.2026 passed by the learned District Amritsar, in case FIR No. 162 dated 19.05.2021, registered under Sections 303(2), 126(2), 115(2), 118(1), 351, 191(3), and 190 of the Bharatiya Nyaya Sanhita, 2023, and Sections 25 and 27 of the Arms Act, 32606-2026 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-32367-2026 (O&M) Date of Decision:- 01.07.2026 ……Petitioner ……Respondents 2026 (O&M) ……Petitioner ……Respondents ALOK JAIN Mr. Harmanpreet Singh, Advocate for the petitioner. Mr. Amandeep Singh Samra, AAG, Punjab. been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking the quashing of the order dated 05.05.2026 passed by the learned Additional Sessions Judge, District Amritsar, in case FIR No. 162 dated 19.05.2021, registered under Sections 303(2), 126(2), 115(2), 118(1), 351, 191(3), and 190 of the Bharatiya Nyaya Sanhita, 2023, and Sections 25 and 27 of the Arms Act, 01.07.2026 ……Petitioner ……Respondents ……Petitioner ……Respondents been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking the quashing of the Additional Sessions Judge, District Amritsar, in case FIR No. 162 dated 19.05.2021, registered under Sections 303(2), 126(2), 115(2), 118(1), 351, 191(3), and 190 of the Bharatiya Nyaya Sanhita, 2023, and Sections 25 and 27 of the Arms Act, MANJU 2026.07.03 10:01 I attest to the accuracy and integrity of this document CRM-M-32367 1959, at Police Amritsar, whereby the petitioners have been declared proclaimed persons. 2. are labourers working in a factory outside the State of Punjab therefore, could not appear before the learned trial Court on 10.11.2025. It is further submitted that they had moved an application seeking exemption from personal appearance their bail was cancelled and n them. Subsequently, vide order dated 05.05.2026, the petitioners were declared proclaimed persons. 3. impugned order dated 05.05.2026 has been passed wit due process of law. Without prejudice to the aforesaid submission, it is submitted that the petitioners are ready and willing to surrender before the learned trial Court, join the proceedings, and file an undertaking that they shall neither seek exemption from personal appearance nor absent themselves from the trial proceedings in any manner whatsoever. 4. 5. notice on behalf of the State. 6. submits that no other criminal case is pending against the petitioners. He also does not dispute the fact that the trial is presently pending at the stage of prosecution evidence. -2- 32367-2026 (O&M) and CRM-M-32606 1959, at Police Station Islamabad, District Police Commissionerate, Amritsar, whereby the petitioners have been declared proclaimed persons. Learned counsel for the petitioner submits that the petitioners are labourers working in a factory outside the State of Punjab therefore, could not appear before the learned trial Court on 10.11.2025. It is further submitted that they had moved an application seeking exemption from personal appearance, however, the same was dismissed, whereupon their bail was cancelled and non-bailable warrants were issued against them. Subsequently, vide order dated 05.05.2026, the petitioners were declared proclaimed persons. Learned counsel for the petitioners further submits that the impugned order dated 05.05.2026 has been passed wit due process of law. Without prejudice to the aforesaid submission, it is submitted that the petitioners are ready and willing to surrender before the learned trial Court, join the proceedings, and file an undertaking that they her seek exemption from personal appearance nor absent themselves from the trial proceedings in any manner whatsoever. Notice of motion. Mr. Amandeep Singh Samra, learned AAG, Punjab, accepts notice on behalf of the State. On a specific query put by this Court, learned State counsel submits that no other criminal case is pending against the petitioners. He also does not dispute the fact that the trial is presently pending at the stage of prosecution evidence. 32606-2026 (O&M) Station Islamabad, District Police Commissionerate, Amritsar, whereby the petitioners have been declared proclaimed persons. Learned counsel for the petitioner submits that the petitioners are labourers working in a factory outside the State of Punjab and, therefore, could not appear before the learned trial Court on 10.11.2025. It is further submitted that they had moved an application seeking exemption however, the same was dismissed, whereupon bailable warrants were issued against them. Subsequently, vide order dated 05.05.2026, the petitioners were Learned counsel for the petitioners further submits that the impugned order dated 05.05.2026 has been passed without following the due process of law. Without prejudice to the aforesaid submission, it is submitted that the petitioners are ready and willing to surrender before the learned trial Court, join the proceedings, and file an undertaking that they her seek exemption from personal appearance nor absent themselves from the trial proceedings in any manner whatsoever. Mr. Amandeep Singh Samra, learned AAG, Punjab, accepts ut by this Court, learned State counsel submits that no other criminal case is pending against the petitioners. He also does not dispute the fact that the trial is presently pending at the stage Station Islamabad, District Police Commissionerate, Learned counsel for the petitioner submits that the petitioners and, therefore, could not appear before the learned trial Court on 10.11.2025. It is further submitted that they had moved an application seeking exemption however, the same was dismissed, whereupon bailable warrants were issued against them. Subsequently, vide order dated 05.05.2026, the petitioners were Learned counsel for the petitioners further submits that the hout following the due process of law. Without prejudice to the aforesaid submission, it is submitted that the petitioners are ready and willing to surrender before the learned trial Court, join the proceedings, and file an undertaking that they her seek exemption from personal appearance nor absent Mr. Amandeep Singh Samra, learned AAG, Punjab, accepts ut by this Court, learned State counsel submits that no other criminal case is pending against the petitioners. He also does not dispute the fact that the trial is presently pending at the stage MANJU 2026.07.03 10:01 I attest to the accuracy and integrity of this document CRM-M-32367 7. petition are Accordingly, the trial Court within 10 days from today. Upon released on bail, subject to their furnishing the requisite bail and surety bonds to the satisfaction of the learned trial Court and filing an undertaking that they shall not seek exemption from personal appearance and shall remain present on each and every date of hearing unless specifically exempted by the learned trial Court for valid reasons. imposed with a cost of Rs. 5,000/ DLSA before the learned trial Court. 8. 9. abovementioned connected case. July 01, 2026 manju Whether speaking Whether Reportable: -3- 32367-2026 (O&M) and CRM-M-32606 Considering the aforesaid facts and circumstances, the present allowed and the impugned order dated 05.05.2026 is set aside. Accordingly, the petitioners are directed to surrender before the learned trial Court within 10 days from today. Upon released on bail, subject to their furnishing the requisite bail and surety bonds to the satisfaction of the learned trial Court and filing an undertaking that they shall not seek exemption from personal appearance and shall remain present on each and every date of hearing unless specifically exempted by the learned trial Court for valid reasons. imposed with a cost of Rs. 5,000/- to be DLSA before the learned trial Court. Pending application(s), if any, stands disposed of. Photocopy of this order be placed on the file of abovementioned connected case. July 01, 2026 Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No 32606-2026 (O&M) Considering the aforesaid facts and circumstances, the present and the impugned order dated 05.05.2026 is set aside. petitioners are directed to surrender before the learned trial Court within 10 days from today. Upon their surrender, they shall be released on bail, subject to their furnishing the requisite bail and surety bonds to the satisfaction of the learned trial Court and filing an undertaking that they shall not seek exemption from personal appearance and shall remain present on each and every date of hearing unless specifically exempted by the learned trial Court for valid reasons. The petitioner is to be deposited with the concerned Pending application(s), if any, stands disposed of. Photocopy of this order be placed on the file of (ALOK JAIN) JUDGE Considering the aforesaid facts and circumstances, the present and the impugned order dated 05.05.2026 is set aside. petitioners are directed to surrender before the learned their surrender, they shall be released on bail, subject to their furnishing the requisite bail and surety bonds to the satisfaction of the learned trial Court and filing an undertaking that they shall not seek exemption from personal appearance and shall remain present on each and every date of hearing unless specifically he petitioner is deposited with the concerned Photocopy of this order be placed on the file of MANJU 2026.07.03 10:01 I attest to the accuracy and integrity of this document