IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Crl. Misc. No. M-6857 of 2011 (O&M) Date of Decision:09.03.2011 Avtar Singh .....Petitioner Vs. State of Punjab .....Respondent CORAM:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. Vivek Goel, Advocate for the petitioner. **** DAYA CHAUDHARY, J.(Oral) Crl. Misc. No.13183 of 2011 This is an application for placing on record Proclamation Order dated 9.l.2008. Application is allowed and the Proclamation Order is taken on record. Crl. Misc. No. M-6857 of 2011 The present petition has been filed under Section 482 Cr.P.C for quashing of FIR No.45 dated 27.2.2005 registered under Sections 447, 441, 506, 148 and 149 IPC at Police Station Sadar, District Jalandhar. Learned counsel for the petitioner at the very outset submits that the petitioner has been declared Proclaimed Offender vide order dated 9.1.2008, which is annexed as Annexure P-4 with the petition. Learned counsel also submits that the petitioner was earlier appearing before the trial Court and was attending the Court proceedings till 2007 but subsequently, he could not appear before the trial Court. Learned counsel further submits Crl. Misc. No. M-6857 of 2011 (O&M) -2- that co-accused, who are also facing trial, made confession and they were convicted by the trial Court vide judgment dated 16.11.2009 and they were released on probation under Section 4(1) of the Probation of Offender's Act, 1958 on their entering into probationary personal bonds to the tune of Rs.5,000/- each for the period of six months. Learned counsel for the petitioner also submits that in the present case, all the offences are bailable and the petitioner is ready to surrender before the trial Court and to attend the Court proceedings. Although prayer is for quashing of the FIR but since the petitioner is Proclaimed Offender, FIR cannot be quashed at this stage. However, keeping in view the fact that the petitioner is ready to surrender before the trial Court and to attend the Court proceedings and all the offences are bailable, he is directed to surrender before the trial Court within a period of one week from the date of receipt of copy of this order. In case, he surrenders before the trial Court, he shall be released on bail on furnishing of bail bonds and surety bonds to the satisfaction of the trial Court subject to payment of costs of Rs.10,000/- to be deposited with Punjab State Legal Services Authority. The petition stands disposed of. Copy of the order be given dasti under the signatures of Special Secretary of the Court. March 09, 2011 ( DAYA CHAUDHARY ) renu JUDGE