IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

285 Date of decision: 23.09.2025 Nrinder Singh Gosal ...Petitioner(s)

VERSUS State of Punjab ...Respondent(s)

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. T.S. Bariana, Advocate for the petitioner(s).

Mr. I.P.S. Sabharwal, DAG Punjab.

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VINOD S. BHARDWAJ, J. (Oral)

1. Prayer in the present petition is for quashing of the order dated 08.11.2007 passed by the Sub-Divisional Judicial Magistrate, Shaheed Bhagat Singh Nagar, whereby, the petitioner was declared as proclaimed offender in a case bearing FIR No.117 dated 19.05.2007, under Sections 323, 325 and 34 of the Indian Penal Code, 1860, at Police Station Banga, Shaheed Bhagat Singh Nagar (Nawanshahar).

2. Learned counsel for the petitioner relies upon the order dated 06.08.2025 passed by a Coordinate Bench of this Court in CRM-M-38468- 2025 titled as ‘Nrinder Singh Gosal Vs. State of Punjab’ and contends that the petitioner had already gone to UK on 31.05.2007 and till date, he never returned. However, vide order dated 08.11.2007, the petitioner was declared as proclaimed offender, which is totally in violation of Section 82 Cr.P.C. He submits that the absence of the petitioner was totally unintentional and beyond his control. He submits that now petitioner is returning to India by

01.10.2025 and he is keen to join the proceedings and face the trial in the above said case and comply with the condition, if any imposed by the Court and as such the order dated 08.11.2007 declaring the petitioner as proclaimed offender, deserves to be set aside. He submits that he has already been granted relief by the Co-ordinate Bench vide order dated 06.08.2025 after noticing these very circumstances.

3. Notice of motion.

4. Mr. I.P.S. Sabharwal, DAG Punjab accepts on behalf of the respondent-State and submits that the learned trial Court has rightly declared the petitioner as a proclaimed offender, as he intentionally did not appear before the trial Court. He however does not dispute that the order declaring the petitioner as a proclaimed offender in another case has been set aside after considering the same grounds.

5. I have heard the learned counsel appearing on behalf of the respective parties and have gone through the documents appended with the instant petition as well as the order dated 06.08.2025 passed by a Coordinate Bench of this Court in CRM-M-38468-2025.

6. It is not in dispute that the petitioner herein was also declared as a proclaimed offender in case FIR bearing No. 08 dated 21.07.2008, under Sections 419, 420, 465, 467, 468, 471, 120-B IPC, at Police Station NRI Nawanshahr, vide order dated 28.01.2012. Same plea had been raised by the petitioner in the said case as well. It was accepted by the Coordinate Bench of this Court and vide order dated 06.08.2025, the order declaring the petitioner as a proclaimed offender was set aside.

7. In the circumstance, where the petitioner is ready to return to India and join the proceedings and face the trial, no useful purpose would be served by sending him behind the bars. Therefore, the order dated 08.11.2007, declaring the petitioner as proclaimed offender, is set aside subject to payment of Rs.25,000/- as costs to be paid by the petitioner within a period of two weeks from today to the Punjab Chief Minister Relief Fund, Account No.001934001000589, Punjab State Co-op. Bank, IFSC:

TPSC0000019.

8. The petitioner is directed to appear before the trial Court within a period of two weeks from the date of his arrival in India and surrender alongwith deposit receipt of costs of Rs.25,000/- whereupon the trial Court would grant him bail till the disposal of the case on his furnishing bail/surety bonds to its satisfaction.

9. Needless to say that in case the petitioner fails to comply with the abovesaid direction, this order would be of no avail to him and the order dated 08.11.2007 will come in force and the present petition shall be deemed to have been dismissed.

10. Petition stands dispos