CRM-M-27623-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 131 CRM-M-27623-2025 DATE OF DECISION: 20.05.2025 SURJIT SINGH ...PETITIONER Versus STATE OF PUNJAB ... RESPONDENT CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Ms. Pooja, Advocate for Mr. Ritesh Pandey, Advocate the petitioner(s). Mr. J.S. Rattu, DAG, Punjab. *** SANDEEP MOUDGIL, J (ORAL) The jurisdiction of this Court has been invoked under Section 528 BNSS for quashing of FIR No 57 dated 08.07.2014 U/s 307,447.427.148.149 IPC and section 25,27,54,59 of Arms act registered at PS Dera Baba Nanak Distt Batala (Ann P-1) and all subsequent proceedings arisen thereform including the order dated 27.03.2024 vide which he was declared as Proclaimed person (Ann P-3) as on the same set of allegations, the co-accused has been acquitted vide Judgment dated 03.04.2024 (Annexure P-4). Learned counsel for the petitioner submits the petitioner could not appear in Court as he was in abroad, therefore, due to his non-appearance, the Trial Court cancelled the bail of the petitioner and issued non-bailable warrants of arrest and declared him proclaimed person. He submits that the petitioner did not had any intention to avoid Anuradha 2025.05.21 05:15 I attest to the accuracy and integrity of this document CRM-M-27623-2025 2 attendance in the Court proceedings otherwise he was appearing regularly on each and every date before the Court. He undertakes that the petitioner will surrender before the trial Court and shall join the trial proceedings without any delay or default in future. Notice of motion. On the asking of the Court, learned State Counsel accepts notice on behalf of the respondent-State, who is not averse to the undertaking given by the petitioner that he will surrender before the trial Court. Considering the submissions made by learned counsel and also in appreciation of the fact that it will only speed up the proceedings before the Trial Court which is one of the essence as enshrined under Article 21 of the Constitution of India, the petitioner is directed to surrender before the trial Court within a period of 10 days from today and apply for regular bail. In case, such an application for bail is moved by the petitioner before the learned trial Court, the same shall be considered on the same date and decided in accordance with law. However, it is made clear that in case the petitioner does not abide by the aforesaid undertaking, the respondent/State shall be at liberty to move an appropriate application for revival of the instant petition. The aforesaid order/concession to the petitioner shall be subject to payment of Rs.10,000/- to be deposited with the Punjab and Haryana High Court Bar Association, Chandigarh and a receipt of the same be produced before the Trial Court and only in that eventuality, Anuradha 2025.05.21 05:15 I attest to the accuracy and integrity of this document CRM-M-27623-2025 3 application of the petitioner for seeking bail be considered and decided on the same day in accordance with law. The amount so deposited by the petitioner shall not be construed as cost for this order but penalty for stalling the court proceedings by evading himself from trial for a long time. The instant petition is disposed of in the aforesaid terms. (SANDEEP MOUDGIL) JUDGE 20.05.2025 anuradha Whether speaking/reasoned Yes/No Whether reportable Yes/No Anuradha 2025.05.21 05:15 I attest to the accuracy and integrity of this document