IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 798/2009 Ajay Kumar Singh …….Petitioner Versus State of Uttarakhand …….Respondent Mr. Pawan Mishra, Advocate i/b Mr. Sudhir Singh, Advocate for the petitioner. Mr. M.A. Khan, Brief Holder for the respondents no. 1 & 2. October 26, 2009 Hon’ble Dharam Veer, J. This criminal miscellaneous application under Section 482 CrPC has been filed against the orders dated 10.1.2008 and 22.11.2008 passed by the Assistant Sessions Judge, Nainital in Sessions Trial No. 41/2007 under Section 307 IPC, whereby non-bailable warrant has been ordered to be issued against the petitioner Ajay Kumar Singh and the personal bond and sureties executed by him have been forfeited as he did not appear on the said dates fixed in the trial court. Learned Counsel for the petitioner undertakes before me that the petitioner shall appear before the trial court on the next date fixed in the trial court. Based on this undertaking, I set aside the impugned orders dated 10.1.2008 and 22.11.2008 passed by the Assistant Sessions Judge, Nainital in Sessions Trial No. 41/2007. However, if the petitioner does not appear in the trial court on the next date fixed in the trial court, the aforesaid impugned orders shall revive and become operational in all respects. The petition stands disposed of. (Dharam Veer, J.) 26.10.2009 PRABODH 2