IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No.3460 -M of 2010 DATE OF DECISION : FEBRUARY 5, 2010 VIJAY KUMAR ....... PETITIONER(S) VERSUS STATE OF HARYANA & ANR. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. Anil Ghanghas, Advocate, for the petitioner(s). AJAI LAMBA, J. (Oral) This petition under Section 438, Code of Criminal Procedure, has been filed for bail in Criminal Complaint No.183-1C dated 16.9.2008 (Sushil Sharma v. Vijay Kumar) under Section 420, Indian Penal Code, pending in the court of Sub Divisional Judicial Magistrate, Loharu. Learned counsel for the petitioner contends that the petitioner was summoned vide order dated 5.5.2009 to stand trial. The petitioner, apprehending arrest, applied for bail under Section 438, Code of Criminal Procedure, which was allowed vide order dated 26.12.2009, with the condition that the petitioner appears before the trial Magistrate and obtains regular bail within a period of 21 days. It has been brought out that mother of the petitioner fell down Criminal Misc. No.3460 -M of 2010 2 and received certain injuries, on account of which she had to be hospitalised till 17.1.2010. Learned counsel for the petitioner contends that since the petitioner was required to take care of his ailing mother, the petitioner could not appear. I am of the opinion that the matter can be disposed of at this stage, in the interest of expediency. The case is fixed for 26.2.2010 before the Magistrate. I have also considered the nature of issue/case involved. The petition is disposed of with directions to the petitioner to appear before the trial Magistrate within one week from today. The petitioner, however, shall not be taken into custody and would be released on bail. It is made clear that the petitioner would be required to attend hearing, as required by law. February 5, 2010 ( AJAI LAMBA ) Kang JUDGE 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?