IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-33440 of 2008 Date of decision: 10th February, 2009 Kailash Nath … Petitioner Versus State of Punjab and another … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Vikram K. Chaudhari, Advocate for the petitioner. Mr. Mehardeep Singh, Assistant Advocate General Punjab for the State. Mr. Gurcharan Dass, Advocate for respondent No.2. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Counsel for the respondents submit that in the present case, report under Section 173 Cr.P.C. has been submitted. Counsel for the petitioner has stated that he be permitted to withdraw the present petition to raise all arguments available to him under law, before the trial Court, at appropriate stage. Counsel further submits that it is essentially a civil dispute between the parties, therefore, personal appearance of the petitioner, before the trial Court, be exempted. Taking into consideration the nature of allegations, after the petitioner is granted bail, personal appearance of the petitioner before the trial Court shall be exempted, subject to his filing an undertaking that he shall cause his appearance as and when required by the trial Court. He shall also file an undertaking that the evidence, if any, recorded in his Criminal Misc. No. M-33440 of 2008 absence but in the presence of his counsel, shall be binding upon him. The trial Court may incorporate any other conditions in the undertaking to be submitted by the accused. Petitioner shall be at liberty to raise all arguments, available to him under law, before the trial Court. With these observations, present petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE February 10, 2009 rps