IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL APPLICATION NO.821 OF 2009 (U/S 482 Cr.P.C.) Prashidh Narayan Singh ……… Applicant Versus State of Uttarakhand ……… Respondent Dated: November 03, 2009 Mr. Sudhir Singh, Advocate holding brief of Mr. S.K. Pandey, Advocate for the petitioner Mr. M.A. Khan, Brief Holder for the State HON. DHARAM VEER, J. This criminal miscellaneous application under Section 482 Cr.P.C. has been filed against the order dated 10.1.2008 and 28.10.2009 passed by Assistant Sessions Judge, Nainital in S.T. No.41/2007 u/s 307 IPC, whereby the non- bailable warrant has been ordered to be issued against the petitioner Prashidh Narayan 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 28.10.2009 passed by the Assistant Sessions Judge, Nainital in Sessions Trial No.41/2007. The petition is disposed of with the direction that the petitioner shall appear before the trial court on the next date fixed i.e. on 25.11.2009. However, if the petitioner does not appear in the trial court on the said date, the aforesaid impugned orders shall revive and become operational in all respects. (Dharam Veer, J.) 03.11.2009 RG