Crl.M.No.26976-M of 2010 (O&M) #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.M.No.26976-M of 2010 (O&M) Date of Order: 14.9.2010 Saurav Batti .....Petitioner Vs. State of U.T, Chandigarh .....Respondent CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Ms. Meenu Sharma, Advocate for the petitioner. JASWANT SINGH, J (ORAL) Crl.M.No.48102 of 2010 Application is allowed as prayed for. Crl.M.No.26976-M of 2010 Petitioner, by filing the instant petition under Section 482 Cr.P.C, has prayed for grant of exemption from personal appearance before the trial Court during the trial in case FIR No.95 dated 8.5.2003 under Sections 380/420/468/471/120-B IPC, P.S Sector 19, Chandigarh. It is submitted that the challan in the case was presented in 2004 and till now evidence of only few prosecution witnesses has been recorded. It is stated that the petitioner was a student, when the FIR was lodged and that now he is presently employed as Sr. Technical Assistant at Delhi. Learned counsel states that this Court in similar situated case, has granted the concession of exemption from personal appearance to co- accused. Reference is made to orders (P.1 and P.2.). Crl.M.No.26976-M of 2010 (O&M) #2# After hearing the learned counsel for the petitioner, I find the prayer reasonable and, therefore, liable to be accepted. Accordingly, this petition is disposed of with a direction that in case the petitioner moves an application before the learned trial Court to grant him exemption from personal appearance, the learned trial Court may grant the same, however, subject to the conditions, that (i) he will be represented through counsel (ii) will not delay/stall the trial proceedings, (iii) will not dispute his identity as accused and (iv) will have no objection if the prosecution evidence is also recorded in his absence but in the presence of his counsel, (v) shall keep on appearing before the trial Court as and when required, (vi) and/or any other conditions, which the learned trial Court may impose. September 14, 2010 ( JASWANT SINGH ) manoj JUDGE