Criminal Misc. No.M-23704 of 2008 -1- *** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-23704 of 2008 Date of decision : 12.9.2008 R.S.Moond ....Petitioner Versus State of Haryana ...Respondent CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. P.S. Jammu, Advocate for the petitioner Mr. Shilesh Gupta, Deputy Advocate General, Punjab S. D. ANAND, J. The plea is that issuance of coercive order on the very first date of absence was too harsh in character. Notice of motion. On the asking of the Court, Mr. S.S.Mor, learned Senior Deputy Advocate General, Punjab accepts notice on behalf of respondent. The petitioner, who is facing a prosecution under Sections 420, 499, 500, 504, 166, 167 IPC and 7 of the Prevention of Corruption Act, had been regularly appearing on each and every date of hearing but did not enter appearance on 18.8.2008. The averment is that petitioner could not appear in the Court on that date as he was suffering from viral fever. It is also the averment, that on account of his illness, he had obtained leave from his office. In order to draw sustenance for the advocated plea, the attention of this Court is invited to certification (Annexure P-4). Criminal Misc. No.M-23704 of 2008 -2- *** The petition shall stand disposed of with a direction to the learned trial Court to dispose of the bail plea, which the petitioner may be inclined to file before it on 17.9.2008, on that very date. The petitioner shall not be arrested till the disposal of the bail plea. The State shall also enter appearance on that date to obviate the necessity of issuance of a notice. The learned Trial Court shall dispose of the bail plea, completely unfettered by the observation made by this Court in the course of this order. Copy of the order be given to the learned counsel for the petitioner, as well as learned State counsel, under the signatures of the Court Secretary attached to this Court. September 12, 2008 (S. D. ANAND) Pka JUDGE