In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-12406 of 2010 ..... Date of decision:12.5.2010 Shammi Kapoor .....Petitioner v. State of Punjab .....Respondent .... Present: Mr. S.S. Sodhi, Advocate for the petitioner. Mr. V.P.S. Sidhu, Assistant Advocate General, Punjab for the respondent-State. ..... S.S. Saron, J. Heard learned counsel for the parties. The petitioner seeks pre-arrest bail in a case registered against him on 4.10.2006 for the offences under Sections 326, 325, 324, 341, 427 and 128 IPC. During the trial of the case, the petitioner did not appear on 6.8.2009. The petitioner, however, filed an application seeking exemption from appearance. It was stated that he was suffering from fever. The learned trial Court observed that the application was not signed by the petitioner, besides, it was observed that the petitioner had become habitual of getting adjournments on the ground of illness by procuring false certificates. The petitioner had earlier also filed applications for seeking exemption from personal appearance which were granted. No clinical test report showing the illness of the petitioner had been placed on the file. The Cr. Misc. No.M-12406 of 2010 [2] charges in the case have been framed on 13.11.2007, however, till date no PW could be examined as the co-accused of the petitioner were not available. The application seeking personal exemption of the petitioner was dismissed. The bail bonds and surety bonds were forfeited and non-bailable warrants of arrest were issued for 25.9.2009. The petitioner filed an application for grant of pre-arrest bail on 10.8.2009 before the Sessions Court at Ludhiana which was dismissed vide order dated 2.9.2009 (Annexure-P.2). The petitioner has then filed the present petition on 27.4.2010. The delay in filing the petition is sought to be explained that the petitioner remained away from his home and he was at Rajasthan seeking treatment from various places, doctors, quacks, Hakims and Sadhus. It is on his return to home that he came to know about the passing of the orders. The petitioner indeed has been quite lackadaisical and non-serious in appearing before the trial Court on the date fixed. There is no justification as to why he remained absent on 6.8.2009. It has only been certified by Dr. Ashwani Sharma that the petitioner was suffering from viral fever and was advised complete bed rest for three days only. However, after three days there is nothing to show that the petitioner was in any manner unwell. The petitioner had also earlier been procuring medical certificates. The trial in the case has not progressed despite the fact that charges were framed on 13.11.2007. In the facts and circumstances, no ground for grant of pre-arrest bail is made out and the criminal miscellaneous petition is dismissed. However, in case the petitioner surrenders before the trial Court within two days from the receipt of certified copy of this order, his application for Cr. Misc. No.M-12406 of 2010 [3] regular bail shall be considered by the trial Court soon thereafter and as expeditiously as possible and preferably within three days. May 12, 2010. (S.S. Saron) Judge *hsp*