CRM-M-51508-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 125 CRM-M-51508-2025 Date of Decision: 15.09.2025 LOVEPREET SINGH ...Peoner Versus STATE OF PUNJAB …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Harsh Vardhan Shehrawat, Advocate for the peoner. Mr. Jasdev Singh Thind, DAG, Punjab. **** ANOOP CHITKARA, J. FIR No. Dated Sec-ons Police Sta-on 36 07.02.2023 420, 120 B IPC (467, 468, 471 IPC added later on) City 2 Mansa 1. Challenging the order dated 01.08.2025 whereby proceeding for proclamaon against the peoner was iniated in the FIR caponed above, the peoner has come up before this court under secon 528 of Bharaya Nagarik Suraksha Sanhita, 2023, [BNSS]. 2. Counsel for the peoner submits that earlier the peoner was granted bail by the co-ordinate Bench of this Court, vide order dated 14.11.2023. He further submits that challan was presented on 18.03.2024 and prior to that, no noce was served upon the peoner by the invesgator. The peoner was neither served with any summons nor bailable or non-bailable warrants. It is evident, a=er reviewing the trial court proceedings, that non-bailable warrants were executed at the wrong address. Now, the process for iniaon of proclamaon proceeding started vide order dated 01.08.2025. 3. Counsel for the peoner further submits that a=er bail was granted to the peoner by this Court in CRM-M-30689-2023 on 14.11.2023, new Secons 467, 468, and 471 IPC were inserted at the me of filing the challan. He may be permiAed to file an applicaon for inseron of said Secons in peon bearing CRM-M No. 30689-2023. 1 JYOTI 2025.09.18 16:02 I attest to the accuracy and integrity of this order/judgment. CRM-M-51508-2025 4. Noce served upon the official respondent through State counsel. The nature of order which this Court proposes to pass, there is no necessity of calling any response from the State. 5. An analysis of the submissions and the peon would lead to the following outcome. It remains undisputed that when the peoner got to know about him being declared proclaimed offender, he took legal remedy and came up before this Court. It also remains undisputed that it never happened that police officials caught him or he tried to run away to avoid an appearance in Court. In such a situaon, the peoner has proved his case by a preponderance of probabilies and has prima facie established that his non-appearance was beyond his control. The peoner undertaking to aAend the trial, and it is not the police who have been able to arrest him. 6. Let the peoner aAend the trial because the criminal jusce system must not hamper and suffer because of the peoner. 7. The primary object of the service is to secure the accused's presence at trial. The peoner approached this court independently, establishing the bonafide at this stage. Without commenng on the case's merits, and in the facts and circumstances peculiar to this case, and also for the reasons menoned above, the ends of jusce would meet if the impugned proclamaon proceedings order is quashed qua the peoner. Thus, exercising the inherent powers under secon 528 BNSS, it would be appropriate to grant the following limited relief to the peoner, subject to the compliance of the condions menoned in this order. 8. The State’s counsel submiAed that if this Court is granng any concession to the peoner, it must be subject to some reprimand. The peoner’s counsel declared that if this court imposes reasonable and affordable costs, the peoner shall deposit the same. 9. Given above, the peoner shall deposit Rs.20,000/- in the Poor Paents Welfare fund, PGIMER, Chandigarh and hand over the receipt of deposit to trial Court by the next date. 10. The peoner is directed to surrender before the concerned court on or before 17.10.2025, 2 PM. On or before this date, if the peoner files bail applicaon(s), the concerned trial court shall grant interim bail to the peoner on surrendering before 2 JYOTI 2025.09.18 16:02 I attest to the accuracy and integrity of this order/judgment. CRM-M-51508-2025 the concerned Court ll the disposal of his applicaon subject to furnishing bail bonds by imposing reasonable condions deemed appropriate in the background of the accused’s conduct and shall decide the bail peon within four days. 11. There shall be a stay of the peoner's arrest in the case menoned ll 17.10.2025, 2.00 P.M. This stay is subject to the peoner's surrender, failing which this protecon shall also stand recalled. 12. It is clarified that if the peoner fails to appear before the concerned court within the me limit menoned in this order, then this order shall be recalled automacally under secon 528 read with 403 of BNSS, 2023, without any further reference to this court. It is clarified that this order shall not be construed as bail order. Further, trial Court shall not take peoner in custody ll 17.10.2025. This order shall eclipse on 17.10.2025 at 4 p.m. without any further reference. 13. Any observaon made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 14. A cerfied copy of this order would not be needed, and any Advocate for the Peoner can download this order along with case status from the official web page of this Court and aest it to be a true copy. If the concerned court/ officer wants to verify its authencity, such an officer can also verify its authencity and may download and use the downloaded copy for aesng bonds. Pe--on is partly allowed to the extent men-oned above. All pending applicaons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 15.09.2025 Jyo--II Whether speaking/reasoned: Yes Whether reportable: NO. 3 JYOTI 2025.09.18 16:02 I attest to the accuracy and integrity of this order/judgment.