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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
123
CRM-M-43316-2025 Date of decision : 21.08.2025 GAGANDEEP SINGH
...... PETITIONER VERSUS STATE OF PUNJAB
...... RESPONDENT
CORAM:
HON'BLE MR. JUSTICE SURYA PARTAP SINGH Present : Mr. Chetan Goyal, Advocate for the petitioner. Mr. Eklavya Darshi, Deputy AG, Punjab. ***** SURYA PARTAP SINGH
. J.(Oral)
This is a petition, whereby the order dated 16.01.2024 passed by learned Judicial Magistrate First Class, Jagraon has been challenged by virtue of mentioned order the Court of learned Judicial Magistrate has declared the petitioner a proclaimed person. It has been contended by learned counsel for the petitioner that the proceedings taken up by the learned trial Court, with regard to declaration of petitioner to be a proclaimed person, are defective as only one day time was made available to the petitioner for appearance before the Court after the fixation of proclamation. However, he has failed to explain under what circumstances after affixation of proclamation on 01.12.2023 at his residence, the petitioner did not appear before the trial Court till VIPIN KUMAR 2025.08.22 18:00 I attest to the accuracy and integrity of this judgment/order
CRM-M-43316-2025 2 16.01.2024, when the petitioner was declared proclaimed person.
Learned counsel for the petitioner wants to withdraw this petition and prays for direction to the learned trial Court to expeditiously dispose of the application for bail, to be moved by the petitioner on his surrendering before the learned trial Court. In view of above, the present petition is hereby dismissed as withdrawn. However, the petitioner is directed to surrender before the learned trial Court within a period of 15 days, and if an application for bail is moved by the petitioner, the learned trial Court is directed to dispose of the same within 03 days from the date of filing of application. However, it is clarified that there shall be no bar if the learned trial Court is in the exercise of its discretion takes the petitioner into custody or proceeds against the petitioner or his surety under Section 446 Cr.P.C. (491 BNSS).
(SURYA PARTAP SINGH)
JUDGE 21.08.2025 vipin Whether speaking/reasoned : Yes
Whether Reportable : No
VIPIN KUMAR 2025.08.22 18:00 I attest to the accuracy and integrity of this judgment/order