CRM-M-26017-2025 -1- 136 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-26017-2025 Date of Decision: 13.05.2025 Sandeep @ Binda ..... Petitioner Versus State of Haryana .......Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present: Mr. Siddarth, Advocate, for the petitioner. Rajesh Bhardwaj, J. (ORAL) 1. Prayer in the present petition is for quashing of the order dated 08.08.2019 (Annexure P-2) passed by learned Judicial Magistrate First Class, Hansi, District Hisar, in FIR No.14, dated 08.01.2016, under Section 25 of the Arms Act, registered at Police Station Sadar District Hisar. 2. It has been contended by learned counsel for the petitioner that the petitioner has been falsely implicated in the present case. He submits that the petitioner was granted regular bail by learned trial Court and thereafter, he was regularly appearing before it. He submits that the petitioner is facing agony since the year 2016 due to the present FIR. He further submits that the petitioner was arrested in another case and thus, he could not appear before the trial Court and he was declared as proclaimed person vide order dated 08.08.2019. 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 the Court and as such the order dated 08.08.2019 to be set aside. SHARMILA DEVI 2025.05.13 18:27 I attest to the accuracy and integrity of this order/judgment PHHC CRM-M-26017-2025 -2- 3. Notice of motion. 4. Mr. Kirpal Singh Thakur, AAG, Haryana, accepts notice on behalf of the State and has submitted that learned trial Court has rightly declared the petitioner as proclaimed person as he intentionally not appeared before it. 5. After hearing learned counsel for the petitioner and perusing the record, it is evident that due to non-appearance of the petitioner, he was declared as proclaimed person on 08.08.2019. 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 08.08.2019 is set aside subject to payment of Rs.10,000/- as costs to be paid by the petitioner to Sadhna Society for Mentally Handicapped, Near Housing Board Chowk, Raen Basera Building, Manimajra, Sector 13, 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. SHARMILA DEVI 2025.05.13 18:27 I attest to the accuracy and integrity of this order/judgment PHHC CRM-M-26017-2025 -3- 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 08.08.2019 will come in force and the present petition shall be deemed to have been dismissed. 8. Petition stands disposed of in abovesaid terms. (RAJESH BHARDWAJ) 13.05.2025 JUDGE sharmila Whether Speaking/Reasoned : Yes/No Whether Reportable : Yes/No SHARMILA DEVI 2025.05.13 18:27 I attest to the accuracy and integrity of this order/judgment PHHC