Cr.MMO No. 118 of 2009. 15.10.2009. Present: Mr. Tara Singh Chauhan, counsel for the petitioner. Mr. A.K. Bansal, Addl. A.G. and Mr. R.P.Singh, Asstt. A.G. for the respondent. Cr.MMO No. 118 of 2009. Reply has been filed in the court. This is a petition under Art. 227 of the Constitution of India read with Section 482 Cr.P.C. for setting aside order dated 29.9.2009 passed by learned Sessions Judge, Una in S.C. No. 3 of 2009 titled State of H.P. vs. Achhar Singh. It has been submitted that petitioner is facing trial in a case arising out of FIR No. 527 dated 29.11.2008 under Section 18 of N.D.P.S. Act, 1985. The case was fixed in the trial court on 7.9.2009 to 9.9.2009 for prosecution evidence. The petitioner could not appear in the court on 7.9.2009 on account of his illness as he was suffering from coronary problem. It has been submitted that in fact the petitioner had developed this problem on 2.9.2009 and he approached the doctor at Regional Hospital, Una on 2.9.2009. The petitioner got himself checked up on 6.9.2009 as well as on 7.9.2009 on account of pain in his chest. The learned counsel for the petitioner has submitted that absence of the petitioner in the court from 7.9.2009 to 9.9.2009 is bonafide. It has also been submitted that petitioner earlier had been appearing in the court below regularly. The surety of the petitioner even filed an application dated 8.9.2009 bringing to the notice of the learned court below the reasons for not putting appearance by the petitioner in the court below on 7.9.2009. The petition has been opposed by the State by filing reply. I have gone through the reply. It has not been denied by the respondent that petitioner had been appearing in the court below earlier. It has also not been disputed that petitioner in fact was attended by the doctor on 2.9.2009, 6.9.2009 and 7.9.2009. It is the case of the petitioner that he was suffering from chest pain and he was attended by the doctor on 2.9.2009. In such circumstances, it was incumbent on the petitioner to file an application seeking his exemption from appearance in the court or adjournment of the case. The learned counsel for the petitioner has however submitted that the illness of the petitioner was brought to the notice of the learned court below orally . In the facts and circumstances of the case, the petition is allowed, order dated 29.9.2009 passed by learned Sessions Judge, Una in S.C. No. 3 of 2009 titled State of H.P. vs. Achhar Singh is set-aside. The petitioner is ordered to be released on bail on his furnishing personal bond in the sum of Rs.20,000/- with two sureties of the like amount to the satisfaction of the learned trial court with the condition that petitioner shall appear in the court below on each and every date of hearing unless his appearance is otherwise exempted by the trial court. The petitioner shall not tamper with the prosecution evidence in any manner. Cr.MP No. 614 of 2009. Infructuous. Dasti copy October 15, 2009. ( Kuldip Singh ), (Hem) Judge