IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-2371 of 2011 Date of Decision: 25.01.2011 Sarabjit Singh .... Petitioner Versus State of Punjab and others ... Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : Mr. D.K. Bhatti, Advocate for the petitioner 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? ALOK SINGH, J. (ORAL) Learned counsel for the petitioner has argued that earlier trial was pending in the Court of Sh. P.M. Sharma, JMIC Jalandhar and petitioner was appearing for trial being on bail. All of sudden case was transferred from the Court of Sh. P.M. Sharma, JMIC Jalandhar to the Court of Sh. R.K. Jain, Chief Judicial Magistrate, Jalandhar. It is stated that counsel for the petitioner-accused could not mark the case which stood transferred from the Court of Sh. P.M. Sharma, JMIC Jalandhar to the Court Sh. R.K. Jain, Chief Judicial Magistrate, hence, accused could not appear on 16.4.2010. Thereafter, arrest warrants were issued against him. Learned counsel has further argued that cause of non-appearance before the Court on the date fixed is not intentional but is due to non-marking of the case. Learned counsel has further argued that petitioner shall Crl. Misc. No. M-2371 of 2011 2 surrender/appear before the Court on 3.2.2011 and shall move an application to enlarge him on bail. Learned counsel for the petitioner has stated that in the event of moving bail application same must be decided at its own merits without any undue delay. Learned counsel has rightly asserted that remaining absent because of unintentional default is itself not an offence. It is correct to assert that issuance of arrest warrant by the trial Court is only to ensure appearance in the trial. Learned counsel of the petitioner fairly states that present petition be disposed of accordingly. Petition is disposed of with the direction to the petitioner to appear before the trial Court on 3.2.2011. In the event of moving an application seeking bail, same shall be decided at its own merits in accordance with law without any undue delay. (ALOK SINGH) 25.01.2011 JUDGE reena