Criminal Misc. No. M-29849 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No. M-29849 of 2009 (O&M) Date of Decision:26.10.2009 Murari Singh .....Petitioner Vs. State of Punjab and another .....Respondent CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. Pawan Gaur, Advocate for the petitioner. **** HARBANS LAL, J. This petition has been moved by Murari Singh under Section 482 of the Code of Criminal Procedure for grant of anticipatory bail in Criminal Complaint No.395/2 of 17.11.2006 and for setting aside the order dated 6.11.2008. I have heard the learned counsel for the petitioner, besides perusing the record with due care and circumspection. Learned counsel for the petitioner has submitted that a complaint under Section 138 of the Negotiable Instruments Act was filed against the petitioner and for bouncing of a cheque worth Rs.75,000/-. The petitioner was summoned and granted concession of bail by the learned trial Court. He had been regularly appearing before the learned trial Court and the case was fixed for 6.11.2008 on which date, he could not put in his appearance as he was suffering from some disease and his bail bonds have Criminal Misc. No. M-29849 of 2009 (O&M) -2- been forfeited and he has been summoned through non bailable warrants. That his absence being unintentional and bonafide due to the reasons given above, he may be admitted to bail. I am unable to persuade myself to agree with this submission. The only plea taken up by the petitioner is that as per Annexure P.3, medical certificate, he remained under treatment of G.H.C. Govardhan, Mathura from 6.11.2008 to 15.11.2008 and that being so, he could not put in his appearance before the learned trial Court on 6.11.2008. As per Annexure P.3, the petitioner was advised rest and not to do strenuous work for ten days during treatment, i.e., from 6.11.2008 to 15.11.2008. For a little while, if it is assumed that he was suffering from any disease and remained on rest during the said period, nonetheless on 16.11.2008 or within a reasonable time, he could have put in his appearance before the learned trial Court. Furthermore, he could have asked his counsel to seek his exemption on the basis of medical certificate. It is not his case that he remained ill till the filing of this petition. Obviously, he remained absconding from the trial Court for a period of about 11 months. The trial Court has the power to forfeit the right to be released on bail, if the conduct of the accused subsequent to his release is found to be prejudicial to a fair trial. Herein, the petitioner remained absent for a long period without any reasonable and just cause. Thus, his conduct is found to be pre-judicial to a fair trial. Such being the circumstances, no case is made out for admitting anticipatory bail to the petitioner. Sequelly, this petition is dismissed. October 26, 2009 ( HARBANS LAL ) renu JUDGE Criminal Misc. No. M-29849 of 2009 (O&M) -3-