Crl. Misc. No.M-1655 of 2011 ::1:: IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. No.M-1655 of 2011 Date of decision: 19.01.2011 Kapil Lekhi .. Petitioner Versus State of Punjab .. Respondent Present:- Mr.Naveen Batra, Advocate, for the petitioner. * * * * S.S. SARON, J. The petitioner was summoned in the complaint case (Annexure P-1) titled as 'Partap Singh versus Kapil Lekhi'. During the trial of the case, the petitioner absented himself from the learned trial Court on 20.07.2009. Accordingly, bail bonds of the petitioner were cancelled and forfeited. According to the petitioner, his mother Smt.Bimla Lekhi was suffering from breast cancer and she had been undergoing regular treatment from Tata Memorial Hospital, Mumbai, Dayanand Medical College and Hospital, Ludhiana, PGI Chandigarh, and Ludhiana Mediciti, Ludhiana, etc., since 2007. It is on this account that the petitioner could not appear. Non-bailable warrants were issued by the learned trial Court for securing the presence of the petitioner but he did not appear. However, the petitioner has made averments to the effect that the learned trial Court should have expressly satisfied itself on the basis of facts as regards his service. Besides, it is averred that the proclamation issued against the petitioner was not validly executed. Crl. Misc. No.M-1655 of 2011 ::2:: It may be noticed that the petitioner himself absented from the trial. Therefore, he was liable to show the circumstances on account of which he could not appear before the learned trial Court. No material whatsoever has been placed on record to show that his mother indeed has been suffering from breast cancer. In the circumstances, learned counsel for the petitioner submits that he may be allowed to withdraw this petition so as to enable the petitioner to file a fresh one by placing on record necessary materials to show that his mother was ill and suffering from breast cancer from the period 20.07.2009 onwards till her demise on 03.12.2010. Dismissed as withdrawn with the liberty as prayed for. (S.S. SARON) January 19, 2011 JUDGE sukhpreet