IN THE HIGH COURT OF PUNJAB & HARYANA 123 RAKESH KUMAR STATE OF PUNJAB CORAM: Present: MANJARI NEHRU KAUL, J. (ORAL) 1. Bharatiya Nagarik Suraksha Sanhita, 2023 order dated Magistrate, Rajpura, 420, 467, 468, 473, 411 54 and 59 of Arms Act, 1959 District Rajpura Offender’. 2. counsel for the pe Offender’, he was unable to refute the same, however, he submits that it was on account of some family circumstances that he had shifted to Delhi therefore, was unaware about the proceedings in the instant FIR. counsel submits that the petitioner has now l ready and willing to appear and surrender before the learned trial Court. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM- Date of decision: July 18, 2025 RAKESH KUMAR Versus STATE OF PUNJAB HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Mr. Krishan Sehajpal, Advocate for the petitioner. MANJARI NEHRU KAUL, J. (ORAL) The instant petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 order dated 28.02.2023 (Annexure P-4) passed by learned Magistrate, Rajpura, in case FIR No.288 dated 420, 467, 468, 473, 411, 120-B of Indian Penal Code, 1860 54 and 59 of Arms Act, 1959, registered at Police S Rajpura, vide which the petitioner was declared as a ‘Proclaimed At the outset, when a pointed query was put to the learned counsel for the petitioner as to whether the petitioner is a ‘Proclaimed Offender’, he was unable to refute the same, however, he submits that it was on account of some family circumstances that he had shifted to Delhi therefore, was unaware about the proceedings in the instant FIR. counsel submits that the petitioner has now l ready and willing to appear and surrender before the learned trial Court. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH -M-37650-2025 Date of decision: July 18, 2025 …Petitioner …Respondent HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL , Advocate The instant petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing/setting aside of ) passed by learned Judicial dated 22.12.2020 under Sections Indian Penal Code, 1860 and Sections 25, , registered at Police Station City Rajpura, , vide which the petitioner was declared as a ‘Proclaimed At the outset, when a pointed query was put to the learned titioner as to whether the petitioner is a ‘Proclaimed Offender’, he was unable to refute the same, however, he submits that it was on account of some family circumstances that he had shifted to Delhi, and therefore, was unaware about the proceedings in the instant FIR. Learned counsel submits that the petitioner has now learnt about the said FIR, and is ready and willing to appear and surrender before the learned trial Court. …Petitioner …Respondent The instant petition has been filed under Section 528 of of Judicial under Sections and Sections 25, , , vide which the petitioner was declared as a ‘Proclaimed At the outset, when a pointed query was put to the learned titioner as to whether the petitioner is a ‘Proclaimed Offender’, he was unable to refute the same, however, he submits that it was and Learned is ready and willing to appear and surrender before the learned trial Court. Jaspreet Kaur 2025.07.18 14:26 I attest to the accuracy and integrity of this document Chandigarh CRM-M-37650 Hence, in the aforementioned facts and circumstances, petitioner be protected till his appearance before the learned trial Court, and directions be given to the learned trial Court that his bail application, which he would be filing on his surrender, 3. 4. accepts notice on behalf of respondent 5. the petitioner, the instant petition is disposed of with directions to the petitioner to appear and surrender before the learned trial Court days from today This shall, however, be subject to payment of costs in the sum of Rs. to be deposited with the concerned District Legal Services Authority concerned, which shall be a condition precedent. 6. before the trial Court avail to him thereafter. In case, on appearance and surrender, the petitioner moves an application for bail, the learned trial Court shall efforts to decide it expeditiously, in accordance with law. July 18, 2025 Jaspreet Kaur 37650-2025 Hence, in the aforementioned facts and circumstances, petitioner be protected till his appearance before the learned trial Court, and directions be given to the learned trial Court that his bail application, which he would be filing on his surrender, be decided expeditiously. Notice of motion. On asking of the Court, Mr. H.S. Deol, Sr. DAG, Punjab accepts notice on behalf of respondent-State. In view of the limited prayer made by the learned counsel for the petitioner, the instant petition is disposed of with directions to the petitioner to appear and surrender before the learned trial Court days from today. Till then, no coercive steps be taken against the petitioner. This shall, however, be subject to payment of costs in the sum of Rs. to be deposited with the concerned District Legal Services Authority concerned, which shall be a condition precedent. It is made clear that in case the petitioner fails to surrender before the trial Court within 7 days from today avail to him thereafter. In case, on appearance and surrender, the petitioner moves an application for bail, the learned trial Court shall efforts to decide it expeditiously, in accordance with law. July 18, 2025 Whether speaking/reasoned Whether reportable -2- Hence, in the aforementioned facts and circumstances, petitioner be protected till his appearance before the learned trial Court, and directions be given to the learned trial Court that his bail application, which he would be be decided expeditiously. Mr. H.S. Deol, Sr. DAG, Punjab In view of the limited prayer made by the learned counsel for the petitioner, the instant petition is disposed of with directions to the petitioner to appear and surrender before the learned trial Court within 7 s be taken against the petitioner. This shall, however, be subject to payment of costs in the sum of Rs.10,000/- to be deposited with the concerned District Legal Services Authority concerned, which shall be a condition precedent. in case the petitioner fails to surrender within 7 days from today, this order shall be of no avail to him thereafter. In case, on appearance and surrender, the petitioner moves an application for bail, the learned trial Court shall make earnest efforts to decide it expeditiously, in accordance with law. (MANJARI NEHRU KAUL) JUDGE : Yes/No : Yes/No Hence, in the aforementioned facts and circumstances, petitioner be protected till his appearance before the learned trial Court, and directions be given to the learned trial Court that his bail application, which he would be Mr. H.S. Deol, Sr. DAG, Punjab In view of the limited prayer made by the learned counsel for the petitioner, the instant petition is disposed of with directions to the within 7 s be taken against the petitioner. - to be deposited with the concerned District Legal Services Authority in case the petitioner fails to surrender , this order shall be of no avail to him thereafter. In case, on appearance and surrender, the petitioner make earnest Jaspreet Kaur 2025.07.18 14:26 I attest to the accuracy and integrity of this document Chandigarh