In the Punjab and Haryana High Court, at Chandigarh. CRM-M- 19676 of 2011 (O&M) Decided on July 20,2011 Asha --Petitioner vs. State of Punjab --Respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.D.S.Sandhu, Advocate, for the petitioner. Rakesh Kumar Jain,J:(Oral) This is a petition for pre arrest bail under Section 438 of the Code of Criminal Procedure, 1973 (for short,'Cr.P.C.') in a case registered vide FIR No.238 dated 07.8.2007, under Sections 3,4 and 5 of the Immoral Traffic Act, at Police Station City Kapurthala, District Kapurthala. Initially, the petitioner was granted bail. She had been appearing but absented in the month of September and was arrested in some other case in September,2010. She was not produced in the present case by the police. She then applied for anticipatory bail vide Bail Application No.38 dated 20.2.2011 before the learned Sessions Judge, Kapurthala, which was disposed of on 21.2.2011 with a direction that the petitioner would surrender before the trial Court within seven days of passing of the said order and her bail application would be decided on the same day. The allegation is that the petitioner did not appear even before the trial Court as directed by the aforesaid order. In this regard, learned counsel for the petitioner submits that the petitioner was unwell and the order dated 21.2.2011 was not conveyed to her by her counsel. He submits CRM-M- 19676 of 2011 (O&M) -2- that one more chance may be granted to her to surrender before the Court and explain her absence. He submits that the trial Court may be directed to decide the application for bail on the same day when she surrenders. After hearing the learned counsel for the petitioner, I am of the view that these questions of fact cannot be decided by this Court as to whether she was unwell or unaware of the order dated 21.2.2011. Therefore, keeping in view the facts and circumstances of the case that the petitioner had been regularly appearing from the year 2007, but was arrested in some other case in September 2010 and could not appear, it is directed that in case the petitioner now surrenders before the trial Court on the date fixed and applies for bail then her application shall be decided on the same date in accordance with law. `This petition stands disposed of accordingly. July 20,2011 (Rakesh Kumar Jain) RR Judge