Crl.Misc.No.M-21531 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. Crl.Misc.No. M-21531 of 2009 Date of decision: 9.11.2009 Jaswinder Singh ... Petitioner versus State of Punjab ... Respondent CORAM: HON'BLE MR. JUSTICE JORA SINGH. Present: Mr.D.B.Singh, Advocate, for the petitioner. Mr.P.S.Sidhu, Addl.AG, Punjab. ... JORA SINGH, J. Jaswinder Singh filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.60 dated 9.4.2008 under Sections 21/61/85 of the NDPS Act, registered at Police Station Division No.7, Ludhiana. As per prosecution story, 50 mg. of smack was recovered from the possession of the petitioner. The petitioner was released on bail vide order dated 14.5.2008, but on 20.7.2009, he failed to appear in the Court. Learned counsel for the petitioner argued that in FIR No.60 dated 9.4.2008, the petitioner was on bail but on the date of hearing, the petitioner failed to appear in the Court on account of some accident. Petitioner conveyed a telephonic message to his lawyer to this effect. An application was moved to exempt personal appearance of the petitioner but the same was declined. Learned State counsel argued that FIR No.172 dated 17.7.2007 under Sections 307/325/324/506/148/149 IPC, PS Banga, was registered Crl.Misc.No.M-21531 of 2009 2 against the petitioner and the petitioner was in custody. Petitioner was produced before the concerned Court at Nawanshehr and on return to the jail, on search of the petitioner, smack was recovered. On the date of hearing, the petitioner failed to appear in the Court without any reason. Allegation of the petitioner was that on the date of hearing, i.e., 20.7.2009, the petitioner failed to appear in the Court because he had met with an accident. A telephonic message was conveyed to the counsel. An application was moved to exempt personal appearance of the petitioner, but submission of learned counsel for the petitioner seemed to be not correct one. Annexure P-1 is the copy of the order dated 20.7.2009. On that date, the petitioner was not present in the Court. An application was moved by learned counsel for the petitioner on the allegation that the petitioner is unable to appear in the Court on the ground of his sickness. Annexure P-2 is the certificate by the Doctor to the effect that the petitioner is suffering from severe back ache. In case, the petitioner had met with an accident, then why no report to any authority. Date of hearing was 20.7.2009. Certificate was obtained from a private hospital. So, application to exempt personal appearance of the petitioner was rightly rejected. Earlier, the petitioner was in custody in FIR No.172 dated 17.7.2007. While returned to the jail, on checking, the petitioner was found to be in possession of smack. Petitioner is directed to surrender before the Court and after surrender, if an application for bail is moved, then the same is to be disposed of within 5 days by the trial Court. Petition being without merit is dismissed. On 7.8.2009, notice of motion was issued. Crl.Misc.No.M-21531 of 2009 3 SI Balwinder Singh, SHO, Police Station Division No.7, Ludhiana, present in person, submitted his affidavit to the effect that intimation was not received either from the Hon’ble High Court or from the office of the Advocate General, Punjab, Chanidgarh. On receipt of intimation from the office of the Advocate General, Punjab, record has been produced in the Court. SI/SHO Balwinder Singh tendered unconditional apology that in future mistake is not to be repeated. Unconditional apology is accepted with a direction to SI/SHO Balwinder Singh to be careful in future. 9.11.2009 ( JORA SINGH ) pk JUDGE