IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-30818 of 2009 (O/M). Date of Decision : November 04, 2009. Balkishan ...... Petitioner(s). Versus. State of Punjab ..... Respondent(s). CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. Jatinder J.C. Nagpal, Advocate, for the petitioner(s). AUGUSTINE GEORGE MASIH, J. (ORAL). The present petition is for grant of anticipatory bail in a case, where the petitioner had not appeared before the Trial Court, because of some ailment. It is the contention of counsel for the petitioner that an application for grant of exemption from personal appearance was made by the petitioner, supported with a medical certificate issued by a doctor of Indira Gandhi Medical College, Shimla. The said application was not accepted by the learned Chief Judicial Magistrate, Patiala, on the ground that the case was an old case and was of the year, 2004 and has been pending for a long time and various exemptions have been sought by the petitioner earlier also. Counsel for the petitioner contends that non presence was not intentional, but due to ailment, which the petitioner was suffering. He further contends that the petitioner is ready and willing to submit to the jurisdiction of the Trial Court. I have heard counsel for the petitioner and have gone through the records of the case. Criminal Misc. No. M-30818 of 2009. A perusal of the order dated 22.10.2009, passed by the learned Additional Sessions Judge, Patiala, clearly shows that the petitioner had been on earlier four occasions granted exemption from personal appearance. On 09.10.2009, again an application for exemption from personal appearance was made on the basis of a medical certificate, which was attached alongwith the application. The said certificate has been considered by the learned Additional Sessions Judge, Patiala, in his order dated 22.10.2009, which clearly indicates that the petitioner was not confined to bed nor was he an indoor patient. Even the doctor has not advised him bed rest. The intention primarily of the petitioner appears to delay the trial as three witnesses, namely, Kamaljit Singh, Roop Singh and A.S.I. Kuldeep Singh were present on the date, when the trial was fixed. There is no justification for non presence of the petitioner on the date fixed before the Trial Court and, therefore, the issuance of non bailable warrants against the petitioner, is fully justified and does not call for any interference by this Court. The present petition stands dismissed. (AUGUSTINE GEORGE MASIH) JUDGE November 04, 2009. sjks. -2-