Crl.Pet. 2/2011 BEFORE HON’BLE JUSTICE MR HN SARMA Heard Mr. S. Bhuyan, learned counsel for the petitioner. The subject matter of challenge in the petition is an order dated 19.8.2010 pass ed in G.R. Case No. 138/09 by the learned SDJM (M), Bijni, wherein it was refle cted that as the petitioner was found to be absconding the I/O prayed for issuin g P/A with order of attachment of property against the petitioner. However, the aforesaid order discloses that summon has been issued to the petitioner fixing 2 9.9.2010 and on that date the petitioner by causing appearance through his couns el prayed for time and the case was fixed on 1.11.2010. On that day the petition er was absent and on the prayer of the counsel the case was fixed on 22.11.2010. On that also the petitioner was absent and on the prayer of the learned counsel for the petitioner, the case was fixed on 29.12.2010 as a last chance. Since no order of non bailable warrant has been issued against the petitioner th ere is no apprehension of arrest of the petitioner in the meantime by police. Th e petitioner is free to appear in terms of the summon issued by the learned tria l court and in terms of the application filed on earlier occasion when the case was fixed for his appearance. Upon hearing learned counsel for the petitioner and the learned Addl. P.P. this petition shall disposed of with the direction that the petitioner shall appear b efore the learned trial court on or before the next date fixed in connection wit h the aforesaid G.R. Case No. 138/09 and upon such appearance the petitioner wou ld be entitled to filed necessary application stating that he was not absconding from his present address and whatever statements he wants to make in respect of his defence against the allegation that he was absconding and evading from poli ce arrest when the case was in the investigation stage. The petitioner shall file an application for bail before the trial court and in the event of filing such an application for bail, the learned trial court shall pass appropriate order thereon that might be justified under the law and facts.