IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.M.No. M-26564/2010(O&M) Date of decision: 10.9.2010. Ravinder Pal Kapoor ....................Petitioners v. State of Punjab and another .....................Respondents Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.Ashok Giri,Advocate for the petitioner. Jaswant Singh.J.(Oral) Petitioner, who is an accused in a complaint filed by respondent no.2-Anil Gupta, under Section 138 of the Negotiable Instruments Act, has approached this Court under Section 438 read with Section 482 Cr.PC., for grant of pre-arrest bail and to join the proceedings before the learned trial Court as his bail bonds have been cancelled for non-appearance on 1.2.2010 and subsequently declared a P.O., vide order dated 1.5.2010. The explanation tendered by the petitioner for his non- appearance is that on 1.2.2010 petitioner was undergoing treatment being a chronic patient of Tuberculosis and chest pain. Reference has been made to OPD Slips Annexures P3 to P8 in this regard. Notice of motion. At the asking of the Court, Mr.Gaurav Garg Dhuriwala,AAG Punjab, who is present in Court accepts notice. After hearing the learned counsel for the parties, though this Court is not fully convinced regarding the reasons for absence of the petitioner on 1.2.2010 and even on subsequent dates, however, keeping in view the old age of the petitioner and the disease which he is afflicted with, I deem it expedient in the interest of justice to permit the petitioner to join the proceedings before the learned trial Court subject to payment of costs. Accordingly, present petition is allowed and it is ordered that in case petitioner appears before the learned trial Court within two weeks from today, he shall be released on bail subject to the satisfaction of the learned trial Court. It is further directed that this order is subject to payment of Rs.5000/- as costs, by the petitioner to be deposited with the Punjab Legal Services Authority at Jalandhar before filing of the application for bail. Disposed of in the above terms. 10.9.2010 (Jaswant Singh) joshi Judge