Crl.Misc. No.M-3301 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc. No.M-3301 of 2011 Date of Decision: 02.02.2011 Baljit Singh alias Midda ...Petitioner Vs. State of Punjab ...Respondent BEFORE: HON'BLE MRS.JUSTICE DAYA CHAUDHARY Present: Mr.Ranjan Lakhanpal, Advocate, for the petitioner. DAYA CHAUDHARY,J. Crl.M.No.6109 of 2011 Application is allowed as prayed for. Crl.M.No.M-3301 of 2011 This petition has been filed under section 482 of the Code of Criminal Procedure on behalf of petitioner namely Baljit Singh alias Midda for setting aside the orders dated 28.07.2009 passed by Ms.Mandeep Kaur, Sub Divisional Judicial Magistrate, Jagraon, whereby the petitioner was declared proclaimed offender. Learned counsel for the petitioner inter-alia contends that the impugned order has been passed in his absence as he was away to Canada and was never served. The PO proceedings were also initiated in his absence. Learned counsel for the petitioner further contends that the petitioner left the country in the year 2005 and impugned order of Crl.Misc. No.M-3301 of 2011 2 Proclaimed Offender was passed on 28.07.2009. Learned counsel for the petitioner also submits that the petitioner was not aware with regard to PO proceedings and is also ready to join the court proceedings. I have heard the learned counsel for the petitioner and perused the record. A perusal of the record shows that nothing is mentioned in the PO order that the petitioner was aware with regard to initiation of PO proceedings or has wilfully avoided service of summons in any manner or remained absent. Moreover, no efforts were made to effect any service upon him. The petitioner is also ready to surrender before the trial court and to join the court proceedings. The other co-accused are facing trial and the statements of two prosecution witnesses have been recorded. In view of the submissions made by the learned counsel for the petitioner and the fact that the petitioner was not aware about the PO proceedings as the same were initiated in his absence and the petitioner is ready to surrender before the trial court, the present petition is disposed of with a direction to the petitioner to surrender before the trial court within a period of one month from the date of receipt of copy of the order and in case he surrenders before the trial court, he shall be released on interim bail subject to his furnishing bail bond and surety bond to the satisfaction of trial court. Meanwhile, arrest of the petitioner is also stayed. (DAYA CHAUDHARY) February 2, 2011 JUDGE rp