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2025 DAILYLAW 94092 (PNJ)

MADAN LAL v. STATE OF PUNJAB

CRM-M/46455/2025 · 2025-08-25

Aaradhna Sawhney

body2025

Judgment text

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CRM-M-46455-2025 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH **** 131 CRM-M-46455-2025 Date of Decision : 25.08.2025 MADAN LAL ...Petitioner VERSUS STATE OF PUNJAB ...Respondent CORAM: HON’BLE MS. JUSTICE AARADHNA SAWHNEY Present: Mr. Simranjit Singh, Advocate for the petitioner. **** AARADHNA SAWHNEY, J. (ORAL) 1. Petitioner, an accused in case FIR No. 63 dated 27.04.2015 registered under Sections 323, 325, 341, 506, 148, 149 IPC at Police Station Maqsudan, District Jalandhar, has prayed for setting aside/quashing the order dated 16.11.2019 (Annexure P-3) passed by the learned trial Magistrate, vide which he (petitioner) was declared Proclaimed Offender along with all other consequential proceedings arising therefrom. 2. Learned counsel for the petitioner submits that after being granted the concession of bail in the aforesaid FIR, in 2015, petitioner went abroad in 2017, only to return back in June, 2024. Learned counsel submits that petitioner was not aware about the Court proceedings initiated against him. It has been prayed that in the facts mentioned hereinabove, lenient view be taken in favour of the petitioner by setting aside the order dated 16.11.2019 as he (petitioner) is willing to surrender before the trial Court and to face trial. 3. Notice of motion. NISHA 2025.08.26 15:46 I attest to the accuracy and integrity of this document CRM-M-46455-2025 -2- 4. Mr. Kamalpreet Bawa, DAG, Punjab, accepts notice on behalf of respondent-State. 5. Documents on record reveal that petitioner, who was arrayed as an accused, was granted the concession of bail. However, in complete violation of undertaking given by him, he violated the bail order and went abroad without seeking permission from the Court concerned. Admittedly, he has not appeared before the trial Court for 08 years. Consequently, he was declared Proclaimed Offender. It was the duty of the petitioner to keep track of the case or atleast to inform his counsel. In view of the above, the present petition is disposed of with a direction to the petitioner to appear before the Court concerned on or before 15.09.2025. On his appearance, if he moves an application for grant of bail, the same shall be decided expeditiously by the learned trial Court, after giving notice to the complainant. Recovery proceedings against surety shall, however, be dealt with as per law by the learned trial Court. (AARADHNA SAWHNEY) JUDGE 25.08.2025 Nisha Yadav Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NISHA 2025.08.26 15:46 I attest to the accuracy and integrity of this document