Whether reporters of local papers may be allowed to see the judgment? Yes. IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.M.P.(M) No.195 of 2009. Dated of Decision: March 30, 2009. Om Chand. …..… Petitioner. Versus State of H.P. ……. Respondent. Coram The Hon’ble Mr. Justice Surinder Singh, Judge. Whether approved for reporting?No. For the Petitioner : Mr. G.R.Palsra, Advocate. For the Respondent: Mr. J.S. Guleria, Asstt. Advocate General. Surinder Singh, J (oral): The petitioner herein is a resident of village Daan (Balh),District Mandi. He is an accused in sessions trial No.22-K/7 of 2008, arising out of FIR No.1/07 dated 13.1.2007 in Police Station Kaza under Section 376 of the Indian Penal Code. The above Sessions trial was fixed for the prosecution evidence on 2.3.2009, on which date, his counsel moved cryptic application for seeking his exemption under Section 317 of the Code of Criminal Procedure, on the ground that the petitioner was to appear in his annual examination commencing w.e.f. 3.3.2009. The learned trial court vide its order dated 2.3.2009 rejected the same and the accused-petitioner was ordered to be 2 served through non-bailable warrants for 20.3.2009. However, on 19.3.2009, a detailed application was moved for seeking his bail, which was also rejected, on the ground that the petitioner was absent despite notice of the date on which date three witnesses were present. He was sent to judicial lock-up. On 20.3.2009, the case was taken up and adjourned for prosecution evidence w.e.f. 8.6.2009 to 10.6.2009. Now the instant application has been moved under Section 439 of the Code of Criminal Procedure for the grant of bail. I have heard the learned counsel for the parties and have examined the contentions raised. It is born out from the record that the petitioner had to appear in annual exam on 3.3.2009, therefore it was difficult for him to appear in the court on 3.3.09 from such a far off area, therefore, in my opinion, the bail cannot be refused to him when he was on a regular bail earlier. As such, the petitioner is ordered to be released on bail on his furnishing the bail bond in the sum of Rs.10,000/- with one surety of the like amount, to the satisfaction of the learned trial court. This bail shall be subject to the following conditions: 3 (i) That the petitioner shall present himself before the learned trial court w.e.f 8.6.2009 to 10.6.2009 the dates already fixed for recording the statements of prosecution witnesses on each date fixed by learned trial court, save and except if exempted from his personal appearance is under the law, by the order of the court; and (ii) further the petitioner shall not tamper with the prosecution evidence in any manner. Application stands disposed of. Copy dasti on usual terms. March 30, 2009. (Surinder Singh) (Pds) Judge.