CRM-M-39239 IN THE HIGH COURT OF PUNJAB AND HARYANA AT (142) SAGAR STATE OF PUNJAB CORAM: Present: ALOK JAIN, J. (Oral) CRM-29886 same was filed seeking preponement of the main case, which has already been taken up today along with the main case. CRM-M-39239 1. impugned order dated 21.11.2024 (Annexure P Additional District and Sessions Judge, Fazilka in FIR No. 12 dated 15.06.2018, under Sections 399, 402, 379, 411 of IPC (correspon Sections 310(4), Act, registered at Police Station SSOC Fazilka, District Fazilka, Punjab, whereby, the petitioner was proceeded as a proclaimed person on account of his failure to appear in the sai 2. was granted bail on 11.07.2018 and had been appearing regularly before the 39239-2026 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Versus STATE OF PUNJAB HON’BLE MR. JUSTICE ALOK JAIN **** Mr. Abhaysher Singh, Advocate for the petitioners. Mr. Amandeep Singh Samra, AAG, Punjab. **** ALOK JAIN, J. (Oral) 29886-2026 The present application has been rendered infructuous, as the same was filed seeking preponement of the main case, which has already been taken up today along with the main case. 39239-2026 The present petition has been filed seeking quashing of the impugned order dated 21.11.2024 (Annexure P Additional District and Sessions Judge, Fazilka in FIR No. 12 dated 15.06.2018, under Sections 399, 402, 379, 411 of IPC (correspon Sections 310(4), 310(5), 303(2), 317(2) of BNS and Section 25 of Arms Act, registered at Police Station SSOC Fazilka, District Fazilka, Punjab, whereby, the petitioner was proceeded as a proclaimed person on account of his failure to appear in the said proceedings. Learned counsel for the petitioner submits that the petitioner was granted bail on 11.07.2018 and had been appearing regularly before the -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-39239-2026 (O&M) Date of Decision:- 18.08.2026 ……Petitioners ……Respondents ALOK JAIN Mr. Abhaysher Singh, Advocate for the petitioners. Mr. Amandeep Singh Samra, AAG, Punjab. he present application has been rendered infructuous, as the same was filed seeking preponement of the main case, which has already been taken up today along with the main case. The present petition has been filed seeking quashing of the impugned order dated 21.11.2024 (Annexure P-4) passed by learned Additional District and Sessions Judge, Fazilka in FIR No. 12 dated 15.06.2018, under Sections 399, 402, 379, 411 of IPC (corresponding 303(2), 317(2) of BNS and Section 25 of Arms Act, registered at Police Station SSOC Fazilka, District Fazilka, Punjab, whereby, the petitioner was proceeded as a proclaimed person on account d proceedings. Learned counsel for the petitioner submits that the petitioner was granted bail on 11.07.2018 and had been appearing regularly before the ……Petitioners ……Respondents he present application has been rendered infructuous, as the same was filed seeking preponement of the main case, which has already The present petition has been filed seeking quashing of the 4) passed by learned Additional District and Sessions Judge, Fazilka in FIR No. 12 dated ding 303(2), 317(2) of BNS and Section 25 of Arms Act, registered at Police Station SSOC Fazilka, District Fazilka, Punjab, whereby, the petitioner was proceeded as a proclaimed person on account Learned counsel for the petitioner submits that the petitioner was granted bail on 11.07.2018 and had been appearing regularly before the MANJU 2026.08.19 17:43 I attest to the accuracy and integrity of this document CRM-M-39239 learned Trial Court right up to 01.08.2024. However, on account of wrong advice and misunderstandin absented himself from the subsequent proceedings. Learned counsel for the petitioner relies upon the order dated 18.07.2024, which reads as under: 3. are material lapses and non under Section 82 of the Cr.P.C. and, on that ground, the impugned order deserves to be set aside. Learned counsel further submits that one of the co accused already stands acquitted and, therefore, the petitioner would also be entitled to claim parity. Learned counsel submits that the petitioner is ready and willing to join the himself on any date of hearing and is willing to abide by any condition, including the imposition of costs. 4. petition and submits that the tria absence of the petitioner. 39239-2026 (O&M) learned Trial Court right up to 01.08.2024. However, on account of wrong advice and misunderstanding of the order dated 18.07.2024, the petitioner absented himself from the subsequent proceedings. Learned counsel for the petitioner relies upon the order dated 18.07.2024, which reads as under: “An exemption application is filed on behalf of accused Prem @ Sahab which is considered and allowed for today for the reason mentioned therein. Statements of accused Vishal, Sagar and Sajan @ Mali under Section 313 of Cr.P.C. recorded to which they have opted to lead defence evidence. Now, matter stands adjourne recording the statement of accused Prem @ Sahab under Section 313 Cr.P.C. and for defence evidence on behalf of the remaining three accused. Bonds under Section 437 Rs.50,000/- each with one surety in the lik also furnished on said date.” Learned counsel for the petitioner further submits that there are material lapses and non-compliance with the procedure prescribed under Section 82 of the Cr.P.C. and, on that ground, the impugned order serves to be set aside. Learned counsel further submits that one of the co accused already stands acquitted and, therefore, the petitioner would also be entitled to claim parity. Learned counsel submits that the petitioner is ready and willing to join the proceedings and undertakes that he shall not absent himself on any date of hearing and is willing to abide by any condition, including the imposition of costs. Learned State counsel has vehemently opposed the present petition and submits that the trial has been procrastinated on account of the absence of the petitioner. -2- learned Trial Court right up to 01.08.2024. However, on account of wrong g of the order dated 18.07.2024, the petitioner absented himself from the subsequent proceedings. Learned counsel for the petitioner relies upon the order dated 18.07.2024, which reads as under: An exemption application is filed on behalf of accused Prem @ Sahab which is considered and allowed for today for the Statements of accused Vishal, Sagar and Sajan @ Mali under Section 313 of Cr.P.C. recorded to which they have opted to lead defence evidence. Now, matter stands adjourned to 01.08.2024 for recording the statement of accused Prem @ Sahab under Section 313 Cr.P.C. and for defence evidence on behalf of the Bonds under Section 437-A of Cr.P.C. in the sum of each with one surety in the like amount each be Learned counsel for the petitioner further submits that there compliance with the procedure prescribed under Section 82 of the Cr.P.C. and, on that ground, the impugned order serves to be set aside. Learned counsel further submits that one of the co- accused already stands acquitted and, therefore, the petitioner would also be entitled to claim parity. Learned counsel submits that the petitioner is ready proceedings and undertakes that he shall not absent himself on any date of hearing and is willing to abide by any condition, Learned State counsel has vehemently opposed the present l has been procrastinated on account of the learned Trial Court right up to 01.08.2024. However, on account of wrong g of the order dated 18.07.2024, the petitioner absented himself from the subsequent proceedings. Learned counsel for the An exemption application is filed on behalf of accused Prem @ Sahab which is considered and allowed for today for the Statements of accused Vishal, Sagar and Sajan @ Mali under Section 313 of Cr.P.C. recorded to which they have d to 01.08.2024 for recording the statement of accused Prem @ Sahab under Section 313 Cr.P.C. and for defence evidence on behalf of the A of Cr.P.C. in the sum of e amount each be Learned counsel for the petitioner further submits that there compliance with the procedure prescribed under Section 82 of the Cr.P.C. and, on that ground, the impugned order - accused already stands acquitted and, therefore, the petitioner would also be entitled to claim parity. Learned counsel submits that the petitioner is ready proceedings and undertakes that he shall not absent himself on any date of hearing and is willing to abide by any condition, Learned State counsel has vehemently opposed the present l has been procrastinated on account of the MANJU 2026.08.19 17:43 I attest to the accuracy and integrity of this document CRM-M-39239 5. fact that seeking detailed reply would only further delay the trial, coupled with the fact that the petitioner undertake face the trial, the 21.11.2024 (Annexure P Sessions Judge, Fazilkar person, is hereby set aside, subject to the condition that the petitioner shall surrender before the concerned Court on or before released on bail by furnishing fresh bail bonds and surety bonds to the satisfaction of the learned trial C 6. to the District Legal Services Authority, Fazilka within two weeks from today. 7. August 18, 2026 manju Whether speaking/reasoned: Whether Reportable: 39239-2026 (O&M) Without commenting on merits of the case and considering the fact that seeking detailed reply would only further delay the trial, coupled with the fact that the petitioner undertakes that he will present himself to face the trial, the present petition stands allowed and the order dated 21.11.2024 (Annexure P-4) passed by learned Additional District and Sessions Judge, Fazilkar, whereby, the petitioner was declared a proclaimed , is hereby set aside, subject to the condition that the petitioner shall surrender before the concerned Court on or before released on bail by furnishing fresh bail bonds and surety bonds to the satisfaction of the learned trial Court/CJM/Duty Magistrate concerned. The petitioner is also directed to deposit a cost of Rs.10,000/ to the District Legal Services Authority, Fazilka within two weeks from Pending application(s), if any, stands disposed of. August 18, 2026 Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No -3- Without commenting on merits of the case and considering the fact that seeking detailed reply would only further delay the trial, coupled s that he will present himself to present petition stands allowed and the order dated 4) passed by learned Additional District and , whereby, the petitioner was declared a proclaimed , is hereby set aside, subject to the condition that the petitioner shall surrender before the concerned Court on or before 31.08.2026 and shall be released on bail by furnishing fresh bail bonds and surety bonds to the ourt/CJM/Duty Magistrate concerned. The petitioner is also directed to deposit a cost of Rs.10,000/- to the District Legal Services Authority, Fazilka within two weeks from Pending application(s), if any, stands disposed of. (ALOK JAIN) JUDGE Without commenting on merits of the case and considering the fact that seeking detailed reply would only further delay the trial, coupled s that he will present himself to present petition stands allowed and the order dated 4) passed by learned Additional District and , whereby, the petitioner was declared a proclaimed , is hereby set aside, subject to the condition that the petitioner shall and shall be released on bail by furnishing fresh bail bonds and surety bonds to the - to the District Legal Services Authority, Fazilka within two weeks from MANJU 2026.08.19 17:43 I attest to the accuracy and integrity of this document