- Bookmark
- Share
- CaseIQ
SONU @ KALA v. UT OF CHANDIGARH
CRM-M-2080-2026 -1-
163 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-2080-2026
Date of Decision: 19.01.2026 Sonu @ Kala ..... Petitioner Versus
State of UT, Chandigarh .......Respondent
CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ
Present: Mr. Manjot Gujral, Advocate, for the petitioner.
Rajesh Bhardwaj, J. (ORAL)
1. Prayer in the present petition is for quashing of the impugned order dated 05.07.2025 (Annexure P-4) passed by learned ACJM, Chandigarh, in a case FIR No.134 dated 26.12.2024, under Sections 109, 3(5) of BNS, 2023, at Police Station Sector 26 (East), Chandigarh, vide which the petitioner was declared proclaimed offender.
2. It has been contended by learned counsel for the petitioner that the petitioner has been falsely implicated in the present case. He has submitted that service of the petitioner was never effected in the present case and he was declared as proclaimed offender by learned trial Court vide order dated 05.07.2025. He further submits that the absence of the petitioner was totally unintentional and beyond his control. He submits that even otherwise, now the petitioner has entered into a compromise with the complainant vide Annexure P-2. He, thus, submits that now petitioner is ready to join the proceedings and face the trial in the above said case and comply with the conditions, if any imposed by the Court and as such the
1
order dated 05.07.2025 declaring the petitioner as proclaimed offender, deserves to be set aside.
3. Notice of motion.
4. Mr. Sumit Jain, Addl. PP, UT, Chandigarh, accepts notice on behalf of the State and has submitted that the petitioner has rightly been declared proclaimed offender as he intentionally did not appear before the trial Court.
5. After hearing learned counsel for the parties and perusing the record, it is evident that due to non-appearance of the petitioner, he was declared as proclaimed offender on 05.07.2025. As stated before this Court, compromise has been arrived at between the parties and the petitioner is also ready to join the proceedings before the trial Court. The Court without going into the authenticity of the ground taken for the absence of the petitioner, deems it appropriate to set aside the order dated 05.07.2025 declaring the petitioner as proclaimed offender. Hence, the order dated 05.07.2025 is set aside subject to payment of Rs.25,000/- as costs to be paid by the petitioner to be paid with the Spinal Rehab Centre, Chandigarh, Plot No.1, Madhya Marg, Sector-28-A, Chandigarh, within period of seven days from the date of receipt of copy of this order.
6. The petitioner is directed to appear before the trial Court within a period of ten days from the date of receipt of copy of this order and file an appropriate application alongwith receipt of costs of Rs.25,000/- and the trial Court would grant him bail till the disposal of the case on his furnishing bail/surety bonds subject to its satisfaction. The petitioner will
2
have protection from arrest till ten days from the date of receipt of copy of this order. The trial Court is free to impose any condition it likes on the petitioner while admitting him to bail.
7. 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 05.07.2025 will come in force and the present petition shall be deemed to have been dismissed.
8. Petition stands disposed of in abovesaid terms.
(RAJESH BHARDWAJ)
19.01.2026 JUDGE
sharmila Whether Speaking/Reasoned : Yes/No Whether Reportable : Yes/No
3
Alert