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2025 DAILYLAW 76972 (PNJ)

VIKAS v. STATE OF HARYANA

CRM-M/36311/2025 · 2025-07-14

Rajesh Bhardwaj

body2025

Judgment text

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CRM-M-36311-2025 1 126 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-36311-2025 Date of decision : 14.07.2025 Vikas .....Petitioner versus State of Haryana ..... Respondent CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present :- Mr. Rajesh Bansal, Advocate for the petitioner. RAJESH BHARDWAJ , J. (Oral) 1. Prayer in the present petition is for quashing/setting aside the impugned order dated 17.03.2025 passed by the Court of learned Additional Chief Judicial Magistrate, Panipat in case FIR No.273 dated 09.05.2024, registered under Sections 120-B, 406, 420 of IPC at Police Station Old Industrial Panipat, District Panipat. Further prayer has been made for staying the operation of the impugned order. 2. It has been contended by counsel for the petitioner that the petitioner has been falsely implicated in another case i.e. FIR No.201 dated 09.05.2024 registered under Sections 406 and 420 of IPC at Police Station Civil Line, Kaithal and there was an apprehension of being arrested due to which, he was absented from his house from last 01 year and the trial Court issued non-bailable warrants against the petitioner. Thereafter, on 17.03.2025 was declared as proclaimed person due to his POOJA SHARMA 2025.07.16 17:43 I attest to the accuracy and integrity of this document CRM-M-36311-2025 2 non-appearance. He has further submitted that the non-appearance of the petitioner was not intentional. He submits that the petitioner is ready to join the proceedings and abide by the terms and conditions of bail, imposed by the Court. 3. Notice of motion. 4. On asking of the Court, Mr. Sumit Jain, Addl. A.G., Haryana accepts notice on behalf of the respondent-State. 5. Learned State counsel has opposed the submissions made by learned counsel for the petitioner and has stated that the trial Court has rightly declared the petitioner as proclaimed person who remained absent on several dates despite orders. 6. After hearing counsel for the parties and perusing the record, it is apparent that the petitioner remained absent despite orders as he was not present at his house for the last one year due to his apprehension of being arrested by the Police in another FIR. But now the petitioner is keen and ready to join the proceedings and face the trial. So keeping in view the abovesaid facts, the present petition is disposed of and the order dated 17.03.2025 is set aside subject to payment of Rs.25,000/- as costs to be deposited in the ‘Day Care Centre for Elderly Disabled in home for old & Destitute People, Sector-15 Chandigarh’ by the petitioner in one week from today. In case, petitioner appears before the Court concerned within a period of 10 days from today and files an application for bail alongwith receipt of abovesaid costs, the Court concerned is directed to admit him to bail subject to its satisfaction and proceed with the trial in accordance with law. He will have protection from arrest for a period of 10 days from today. POOJA SHARMA 2025.07.16 17:43 I attest to the accuracy and integrity of this document CRM-M-36311-2025 3 7. Needless to say that in case the petitioner fails to comply with the abovesaid direction, he will have no benefit of abovesaid protection granted by this Court and order under challenge dated 17.03.2025 would automatically come in force. 14.07.2025 ( RAJESH BHARDWAJ ) ps-I JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No POOJA SHARMA 2025.07.16 17:43 I attest to the accuracy and integrity of this document