IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-5939 of 2011(O&M) Date of Decision: 24.02.2011 Sukhbir Singh .... Petitioner Versus State of Punjab ... Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : Mr. S.S. Majithia, Advocate for the petitioner 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? ALOK SINGH, J. (ORAL) Learned counsel for the petitioner states that petitioner was on regular bail in Sessions trial pursuant to the FIR No. 530 dated 5.12.2009 under Section 22 of the N.D.P.S. Act, 1985 registered at Police Station Sadar Amritsar. However, on the date fixed i.e. 10.2.2011, petitioner was suffering from Typhoid fever, therefore, could not appear before learned trial Court. An application for exemption from personal appearance was moved before the trial Court on 10.2.2011, however, same was dismissed by learned trial Court on the ground that medical certificate was not enclosed with the application seeking exemption from personal appearance. Learned counsel has further stated that prior to this incidence petitioner never failed to appear before the trial Court on the date fixed. Learned counsel has further stated that as per the judgment of this Court in the matter of Bhupinder Singh Chhabra vs. State of Punjab and another, CRM No. M-770 of 2011 decided on 1.2.2011, petitioner should be enlarged on bail if reason for non- Crl. Misc. No. M-5939 of 2011(O&M) 2 appearance was sufficient. Learned counsel has further stated the since application seeking exemption from personal appearance was moved on the date fixed specifically stating therein that petitioner is down with Typhoid fever and is unable to attend the Court, therefore, this reason must be considered as sufficient reason for remaining absent. Notice of motion. On being asked, Mr. K.D. Sachdeva, Addl. A.G. Punjab accepts notice on behalf of respondent-State. With the consent of both the counsel, present petition is being disposed of finally today itself. Having considered arguments and having perused the record, I find that there was sufficient ground for non-appearance before the trial Court on 10.2.2011. Trial Court should not take hyper technical view if petitioner never remained absent on the previous occasions. Rejection of application seeking exemption from personal appearance on the ground that it is not supported by medical certificate seems to be unjustified in the facts and circumstances of the present case. Considering the totality of facts and circumstances of the case, I direct that petitioner shall appear before the trial Court on the date fixed i.e. 10.3.2011 and shall be enlarged on bail to the satisfaction of learned trial Court. Petition stands disposed of. (ALOK SINGH) 24.02.2011 JUDGE reena