IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Crl. Misc. No. M-34007 of 2010 (O&M) Date of Decision:03.02.2011 Naranjan Singh and another .....Petitioners Vs. State of Punjab .....Respondent CORAM:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. P.S. Ahluwalia, Advocate for the petitioners. **** DAYA CHAUDHARY, J.(Oral) Crl. Misc. No.60425 of 2010 Application is allowed as prayed for. Crl. Misc. No. M-34007 of 2010 This petition has been filed under Section 482 Cr.P.C on behalf of the petitioners, namely, Naranjan Singh and Amarjit Kaur for setting aside the order dated 26.8.2010 passed by CJM, Hoshiarpur vide which they have been declared Proclaimed Offenders in case FIR No.1 dated 5.1.2010 registered under Sections 420 read with Section 34 IPC at Police Station Hoshiarpur City. Learned counsel for the petitioners submits that the petitioners were away to Italy and no service was effected upon them and even, they were not aware with regard to PO proceedings initiated against them. Learned counsel for the petitioners also submits that in view of the provisions of Section 82(4) of Cr.P.C., the petitioners could not have been declared as Proclaimed Offender as they were never served in Italy and even no efforts, whatsoever, were ever made to serve them in any manner. Crl. Misc. No. M-34007 of 2010 (O&M) -2- Learned counsel for the petitioners further submits that the petitioners are ready to surrender before the trial Court and join the Court proceedings. Heard the arguments of learned counsel for the petitioners and have perused the record. A perusal of impugned order dated 26.8.2010 vide which the petitioners have been declared Proclaimed Offender shows that it is nowhere mentioned whether the petitioners were aware with regard to proceedings initiated against them or any efforts were made by the Court to effect any service upon them. Admittedly, the petitioners were away to Italy and nothing has been mentioned in the impugned order that the petitioners have wilfully disobeyed the orders of the Court, therefore, remained absent. Since the petitioners are also ready to surrender before the Court and to join Court proceedings, the present petition is disposed of with a direction to the petitioners to surrender before the trial Court within a period of two months from the date of receipt of copy of the order. In case, they surrender before the trial Court, they shall be released on interim bail by the trial Court subject to payment of costs of Rs.50,000/-, which is to be deposited by the petitioners with Punjab Legal Services Authority. Meanwhile, the arrest of the petitioners shall remain stayed. February 03, 2011 ( DAYA CHAUDHARY ) renu JUDGE