CRM-M-38519-2026 1 126 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-38519-2026 Date of Decision: 17.07.2026 SADIK MOHAMMAD ......... Petitioner Versus STATE OF PUNJAB ..... Respondent CORAM: HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present : Mohammad Jameel, Advocate for the petitioner. Mr. J.S. Rattu, DAG, Punjab. **** VIRINDER AGGARWAL , J. (Oral) 1. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 of the Code of Criminal Procedure, 1973), seeking quashing of the order dated 08.03.2021 (Annexure P-3), passed by learned Sub Divisional Judicial Magistrate, Malerkotla in FIR No.05 dated 09.03.2017 under Section 61 of Punjab Excise Act at Police Station City Ahmedgarh, District Malerkotla. 2. Learned counsel appearing on behalf of the petitioner inter alia contends that the petitioner had already been granted concession of bail by learned Trial Court. It is submitted that he could not appear before the Trial Court as he was residing in United Arab Emirates and was never duly served with summons. It is further submitted that the mandatory procedure prescribed for declaring a person as a proclaimed offender was SAURAV PATHANIA 2026.07.17 18:22 I attest to the accuracy and integrity of this document CRM-M-38519-2026 2 not duly complied with before passing the impugned order dated 08.03.2021. It is further argued that the petitioner's absence was neither intentional nor deliberate, but was solely on account of his stay abroad and non-service of summons. 3. After arguing for some time, learned counsel for the petitioner submits that he does not want to press the present petition at this stage. It is further submitted that the petitioner shall surrender before the learned Trial Court within a period of three days from today and may be permitted to move an appropriate application seeking grant of regular bail before the said Court. 4. Accordingly, the present petition is disposed of as not pressed. However, the petitioner is directed to surrender before the learned Trial Court within a period of three days from today. In the event the petitioner surrenders within the aforesaid period and files an application seeking regular bail, the learned Trial Court shall consider and decide the same expeditiously, preferably within a period of one week from the date of its filing, in accordance with law. 5. Pending miscellaneous applications, if any, stand disposed of. ( VIRINDER AGGARWAL) JUDGE 17.07.2026 S. Pathania Whether speaking/reasoned Yes/No Whether Reportable Yes/No SAURAV PATHANIA 2026.07.17 18:22 I attest to the accuracy and integrity of this document