Crl.M.No. M-35972/2010(O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.M.No. M-35972/2010(O&M) Date of decision:13.12.2010. Jarnail Singh ....................Petitioner v. State of Punjab. .....................Respondents Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.Ashok Giri,Advocate for the petitioner. Jaswant Singh.J.(Oral) Crl.M.No.M-64642 of 2010 allowed. Affidavit dated 9.12.2010 of the petitioner is taken on record. Petitioner, who is stated to be 65 years old, and has been arraigned as an accused in case FIR no.137 dated 22.6.2001 under Sections 452,325,323,506,34 IPC, PS Banur,Distt.Patiala has approached this Court under Section 438 Cr.PC for grant of anticipatory bail. It is submitted that petitioner who was on regular bail had been regularly attending the court proceedings since presentation of challan. It is further submitted that on 24.2.2010 the petitioner suffered a fracture in his arm and could not attend the proceedings. Accordingly, an application seeking exemption from personal appearance was filed Crl.M.No. M-35972/2010(O&M) 2 and the same was allowed by the learned trial court and the case was fixed for 5.5.2010, on which date again he could not be present due to illness and again moved exemption application. It is also submitted that again on 21.7.2010 the grandson of the petitioner died of electrocution and for that reason the petitioner again could not attend the proceedings and moved an exemption application, duly accompanied by a certificate from the Gram Panchayat certifying the factum of death of the grandson of the petitioner. It is then submitted that again on 6.10.2010 the absence of the petitioner was unintentional as he was, on that date suffering from eye flu and high fever and had moved an exemption application,which was dismissed by the learned trial court; his bail orders were cancelled, bail bonds and surety bonds were forfeited to the State and non-bailable warrants were issued against the petitioner. Learned counsel for the petitioner submits that on 6.10.2010 no effective proceedings had taken place since the case file had been summoned by the learned Additional Sessions Judge, exercising the powers of revisional court, which was seized of the revision against the order passed by the trial court under Section 319 Cr.PC. It is contended that thus the absence of the petitioner, which was bona fide and unintentional had also caused no prejudice to any party. Notice of motion. At the asking of the Court, Mrs.RK Nihalsinghwala,Addl.AG Punjab accepts notice. Crl.M.No. M-35972/2010(O&M) 3 After hearing the learned counsel for the parties, in my opinion, the reason for petitioner's non-appearance on 6.10.2010 appears to be unintentional and genuine which had not caused the stalling of the process of the Court. Therefore, the plea on behalf of the petitioner is liable to be accepted. Accordingly, the present petition is disposed of with a direction that in case the petitioner appears before the trial court on or before 20.12.2010, he shall be released on bail to the satisfaction of the trial court. Disposed of. Dasti on usual charges. 13.12.2010 (Jaswant Singh) joshi Judge