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2025 DAILYLAW 52684 (PNJ)

AMARJIT SINGH v. STATE OF PUNJAB

CRM-M/24065/2025 · 2025-05-07

Rajesh Bhardwaj

body2025

Judgment text

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CRM-M-24065-2025 -1- 133 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-24065-2025 Date of Decision: 07.05.2025 Amarjit Singh ..... Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present: Mr. Akun Sheemar, Advocate, for the petitioner. Rajesh Bhardwaj, J. (ORAL) 1. Prayer in the present petition is for quashing of the order dated 06.03.2025 (Annexure P-6) passed by learned Judicial Magistrate First Class, Bholath in FIR No.87, dated 27.11.2020 under Sections 457, 380 IPC registered at Police Station Bholath, District Kapurthala, vide which the petitioner has been declared as proclaimed person. 2. It has been contended by learned counsel for the petitioner that the petitioner has been falsely implicated in the present case. He has submitted that the petitioner was regularly appearing before the trial Court. He submits that as the petitioner could not contact with his counsel and thus, he could not appear before the trial Court, due to which he was declared proclaimed person vide order dated 06.03.2025. He submits that the absence of the petitioner was totally unintentional and beyond his control. He submits that now petitioner is keen to join the proceedings and face the trial in the above said case and comply with the condition, if any imposed by this Court and as such the order 06.03.2025 be set aside. 3. Notice of motion. 4. Mr. Tarun Aggarwal, Addl.AG, Punjab, accepts notice on SHARMILA DEVI 2025.05.07 18:06 I attest to the accuracy and integrity of this order/judgment PHHC CRM-M-24065-2025 -2- behalf of the State. He has opposed the submissions made by counsel for the petitioner and has submitted that the petitioner intentionally did not appear before the trial Court and he was rightly declared proclaimed person. 5. After hearing learned counsel for the parties and perusing the record, it is evident that due to non-appearance of the petitioner, he was declared as proclaimed person on 06.03.2025. The Court without going into the authenticity of the ground taken for the absence of the petitioner, deems it appropriate to direct him to appear before the Court concerned to face the trial in the present case, as now he is keen to join the proceedings and face the trial. In these circumstances, when the petitioner is ready to join the proceedings and face the trial, no useful purpose would be served by sending him behind the bars, therefore, the order dated 06.03.2025 is set aside subject to payment of Rs.10,000/- as costs to be paid by the petitioner to the Society for the Care of Blind, Sector-26, Chandigarh within a period of seven days from today 6. The petitioner is directed to appear before the trial Court within a period of ten days from today and file an appropriate application alongwith receipt of costs of Rs.10,000/- and the trial Court would grant him bail till the disposal of the case on his furnishing bail/surety bonds subject to its satisfaction. The petitioner will have protection from arrest for a period of ten days from today. The trial Court is free to impose any condition it likes on the petitioner while admitting him to bail. 7. Needless to say that in case the petitioner fails to comply with the abovesaid direction, this order would be of no avail to him and the order dated 06.03.2025 will come in force and the present petition shall be SHARMILA DEVI 2025.05.07 18:06 I attest to the accuracy and integrity of this order/judgment PHHC CRM-M-24065-2025 -3- deemed to have been dismissed. 8. Petition stands disposed of in abovesaid terms. (RAJESH BHARDWAJ) 07.05.2025 JUDGE sharmila Whether Speaking/Reasoned : Yes/No Whether Reportable : Yes/No SHARMILA DEVI 2025.05.07 18:06 I attest to the accuracy and integrity of this order/judgment PHHC