Criminal Misc. No. 298-M of 2008 -1- *** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. 298-M of 2008 Date of decision: January 9, 2008 Chiman Lal .....Petitioner Versus State of Punjab and another ...Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. N.S.Sodhi, Advocate for the petitioner. RAJESH BINDAL, J. The challenge in the present petition is to the order dated August 16, 2007 passed by learned Chief Judicial Magistrate, Moga whereby application filed by the petitioner for exemption from personal appearance was dismissed being not bonafide and his bail bond and surety bonds were cancelled and forfeited to the State. Further challenge is to the order dated October 20, 2007 passed by learned Additional Sessions Judge, Moga whereby revision filed against the order dated August 16, 2007 passed by learned Chief Judicial Magistrate, Moga was also dismissed. Heard learned counsel for the petitioner and perused the paper book. Dispute in the present case is regarding dealings between the parties whereby petitioner undertook to send a person abroad and for the purpose amount was also charged. Petitioner was granted regular bail and was directed to surrender his passport. He sought 2-3 extensions for submission of passport but did not deposit the same. Infact from a perusal of the facts on record, it is evident that the petitioner misused the concession of bail given to him by the Court. His prayer for bail was accepted vide order dated July 11, 2007 subject to the condition that he will surrender his passport and in case he is not having any passport, he will file an affidavit in this regard. However, he was released on bail without Criminal Misc. No. 298-M of 2008 -2- *** submission of the passport. He continued praying for time and till date he has not submitted the same. A perusal of order granting concession of bail to the petitioner shows that submission of passport was a condition precedent. However, without submission of the passport, petitioner was released and now he is playing hide and seek with the Court for submission of passport. In these circumstances, in my opinion, learned Courts below have rightly rejected the prayer made by the petitioner for exemption from personal appearance and cancelled his bail bond and surety bonds. Accordingly, the revision petition is dismissed. January 09, 2008 (Rajesh Bindal) Pka Judge