Crl. Misc. No. M-25141 of 2010 (O&M) (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-25141 of 2010 (O&M) DATE OF DECISION: 13.09.2010 Jagdev Singh ..........Petitioner Versus State of Punjab ..........Respondent BEFORE:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. D.S. Malwai, Advocate for the petitioner. **** DAYA CHAUDHARY, J. Crl. Misc. No. 44833 of 2010 Application is allowed as prayed for. Crl. Misc. No. 46637 of 2010 This is an application for placing on record the leave application along with order passed thereon by the authority concerned (Annexure P-5). Application is allowed and annexure P-5 is taken on record. Crl. Misc. No. M-25141 of 2010 Learned counsel for the petitioner contends that the petitioner was detailed on special military task and a written request for leave was made by mentioning the date of the Court but the same was not accepted by the Army Authorities and because of that reason, the petitioner could not attend the Court proceedings on 19.8.2010 and his bail bonds were cancelled and he was ordered to be summoned through arrest warrants. Crl. Misc. No. M-25141 of 2010 (O&M) (2) Learned counsel further contends that the absence of the petitioner was not willful but the same was beyond his control. The petitioner could not appear before the Court on 19.8.2010 as he was performing his official duties and his leave was not sanctioned by the Army Authorities. Notice of motion to Advocate General, Punjab. Mr. Vishal Munjal, Addl. A.G., Punjab, who is present in Court accepts notice on behalf of the respondent-State. Heard. The absence of the petitioner from the Court appears to be unintentional and beyond his control as is clear from the rejection of his leave application by the Army Authorities. The absence of the petitioner from the Court was not intentional and was beyond his control. The petitioner is directed to appear before the trial Court and furnish fresh bail bonds and surety bonds to its satisfaction and on doing so, he shall be released on bail. Petition stands disposed of accordingly. September 13, 2010 (DAYA CHAUDHARY) pooja JUDGE Note:-Whether this case is to be referred to the Reporter .......Yes/No