IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.M.No. M-32701/2010(O&M) Date of decision:1.12.2010. Mahavir Singh ....................Petitioner v. State of Punjab .....................Respondents Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.SPS Sidhu,Advocate for the petitioner. Jaswant Singh.J.(Oral) Crl.M.No.61528 of 2010 is allowed and order dated 20.9.2010 is taken on record. Crl.M.No.32701/2010. Petitioner-Mahavir Singh who is an accused and facing trial in case FIR No.133 dated 22.7.2008 unde rSections 279,337,338,427 IPC, PS Ghall Khurd,Distt.Ferozepur has invoked the jurisdiction of this Court under Section 438 Cr.PC on account of his bail order and bail bonds having been cancelled due to his non-appearance on date fixed for 20.9.2010, before the trial court. It is submitted that since the presentation of the challan on 16.10.2008 the petitioner had been regularly attending the Court and due to his illness (certificate P2 attached) he could not be present at the time of hearing on 20.9.2010. It is further submitted that even the counsel for the petitioner could not be informed so as to move an application seeking his personal exemption for that date. It is lastly submitted that in any case keeping in view the fact that absence of the petitioner was not intentional and the fact that he had been regularly attending the Court he may be extended the concession of anticipatory bail to enable him to join the process of the Court since non-bailable warrants have been issued against the petitioner. Notice of motion. At the asking of the Court Mrs.RK Nihalsinghwala, Addl.AG Punjab, who is present in court accepts notice. After hearing the learned counsel for the parties, in my opinion the the prayer of the petitioner is liable to be accepted. It is apparent that the petitioner had been regularly appearing before the trial court and besides that reason for his non-appearance on one date, in view of medical certificate (P2) appears to be genuine. Accordingly, I deem it expedient and in the interest of justice to direct that in case the petitioner surrenders before the trial court within 10 days, he shall be released on bail on his furnishing fresh bail bonds to the satisfaction of the trial court and subject to payment of Rs.5000/- as costs to be deposited with State Legal Services Authority, Ferozepur. 1.12.2010 (Jaswant Singh) joshi Judge