CRM-M-26072- 255 IN T Satish Kumar State of Haryana CORAM : HON' Present: Mr. Ms. M Mr. V MANDEEP PAN 1. This quashing of impu Judicial Magistra proclaimed perso 379-A of IPC an Hassanpur, Distri 2. Lear aware of the afor warrants issued to 3. Ther were initiated aga Court declared th -2025 (O&M) IN THE HIGH COURT OF PUNJA AT CHANDIGAR -.- CRM Date VERSUS yana and Another HON'BLE MS. JUSTICE MANDEE Mr. Rakesh Sobti, Advocate and Ms. Malika Sobti, Advocate for the pe Mr. Vaibhav Sharma, AAG Haryana. -.- PANNU J. (Oral) This petition has been filed under S f impugned order dated 03.08.2017 agistrate, Ist Class, Hodal, whereby th person in FIR No. 0227 dated 09.09 PC and Sections 25, 54, 59 of the A District Palwal. Learned counsel for the petitioner su e aforesaid FIR and proceedings and sued to the petitioner has never been se Thereafter, vide order dated 06.06 ed against the petitioner and ultimatel red the petitioner as proclaimed offen -1- UNJAB AND HARYANA IGARH CRM-M-26072-2025 (O&M) Date of Decision : 02.02.2026 ....Petitioner ....Respondents NDEEP PANNU the petitioner. ryana. nder Section 528 BNSS, 2023 seekin (Annexure P-9) passed by learne eby the petitioner has been declared a 09.09.2016 registered under Section the Arms Act, 1959 at Police Statio oner submits that the petitioner was n gs and accordingly, notice/non-bailab een served. 06.06.2017 proclamation proceeding timately on 03.08.2017, the learned tri offender on the ground that mandator seeking learned lared as Sections Station was not bailable eedings ned trial ndatory TRIPTI SAINI 2026.02.03 11:17 I attest to the accuracy and integrity of this document CRM-M-26072- period of 30 days been expired. 4. Lear served at any stag before the trial C Section 82(2) Cr. The non-appeara further submits th main witness has 5. Aggr proclaimed person 6. It is trial Court on eac 7. Notic 8. Mr. accepts notice fo been rightly passe 9. I hav the case with the taken up for final 10. A pe proclamation pro the executing off 03.07.2017. On -2025 (O&M) 0 days from the date of execution of Learned counsel contends that the pe ny stage and, therefore, had no knowle trial Court. It is further argued that 2) Cr.P.C. were not complied with pri pearance of the petitioner was neith mits that in this case, other three accus ss has turned hostile. Aggrieved by the illegal and arbitrar person, the present petition has been f It is also submitted that the petitione on each and every date. Notice of motion. Mr. Sushil Bhardwaj, Addl. A.G H tice for the respondent-State and subm passed on the ground of the absence o I have heard learned counsel for the ith their able assistance and with the r final disposal. A perusal of paper-book reveals th n proceedings were initiated against ng official was directed to get the pro . On 03.07.2017, it was recorded -2- on of proclamation against accused ha the petitioner was never duly or valid nowledge of the actual dates of hearin d that the mandatory requirements o ith prior to passing the impugned orde neither deliberate nor intentional. accused have already been acquitted a rbitrary declaration of the petitioner as been filed before this Court. titioner undertakes to appear before th .G Haryana, who is present in Cour d submits that the impugned order ha sence of the petitioner. or the parties and perused the record o ith the consent of parties, the matter eals that vide order dated 06.06.201 gainst the petitioner for 03.08.2017 an the proclamation executed on or befo rded by the learned trial Court th sed has r validly hearing ents of d order. nal. He uitted as ner as a fore the Court, rder has ecord of atter is 06.2017 and r before that TRIPTI SAINI 2026.02.03 11:17 I attest to the accuracy and integrity of this document CRM-M-26072- proclamation issu executing official 11. Cons observing that the Court declared th 12. How already been acqu for the petitioner trial Court/Duty M regular bail, subje in the Poor Patien 13. In ca the learned trial C date and decided 14. It is Court within a sti 15. With 16. All p February 02, 202 tripti Whether s Whether r -2025 (O&M) issued against accused received bac fficial also recorded separately in this Consequently, vide impugned ord hat the statutory period of 30 days had red the petitioner a proclaimed offend However, keeping in view the fac n acquitted and in view of the underta itioner on his behalf, the petitioner is Duty Magistrate within a period of on subject to payment of Rs.10,000/- as Patients Welfare Fun, PGIMER, Chan In case, such an application for bail trial Court/Duty Magistrate, the same cided in accordance with law. It is made clear that in case, petition in a stipulated period, this order shall b With aforementioned terms, present p All pending miscellaneous applicatio , 2026 ether speaking/non-speaking : Speakin ether reportable : Yes/No -3- ed back duly executed and statement o in this regard. d order dated 03.08.2017, and aft ys had already elapsed, the learned Tri offender. he fact that other three accused hav ndertaking given by the learned couns ner is directed to surrender before th of one week from today and apply fo as costs to be paid by the petition , Chandigarh. r bail is moved by the petitioner befo e same shall be considered on the sam etitioner fails to appear before the tri shall be deemed to be vacated. esent petition stands disposed of. lication(s), if any, stands disposed of. (MANDEEP PANNU) JUDGE peaking es/No ment of d after ed Trial ed have counsel fore the pply for etitioner r before he same the trial ed of. TRIPTI SAINI 2026.02.03 11:17 I attest to the accuracy and integrity of this document