Crl. Misc. No.M-23915 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-23915 of 2011 Date of Decision: August 9, 2011 Raj Kumar @ Bhim …..Petitioner Vs. State of Punjab …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.S.S. Gill, Advocate for the petitioner. -.- M.M.S. BEDI, J. (ORAL) Petitioner absented on July 11, 2011 during trial resulting in issuance of non-bailable warrants by the trial court for August 18, 2011. Counsel for the petitioner submits that the petitioner on account of his illness was unable to appear on July 11, 2011. The petitioner has not filed any petition under Section 438 Cr.P.C. before the Sessions Court explaining the circumstances of his non- appearance. The non-appearance of the petitioner, prima facie, does not Crl. Misc. No.M-23915 of 2011 [2] appear to be intentional as it is claimed that the petitioner had never absented himself and had been regularly appearing before the trial Court. This petition is disposed of with liberty to the petitioner to approach the Sessions Court under Section 438 Cr.P.C. for grant of pre- arrest bail. Liberty is also granted to the petitioner to appear before the trial Court (which could also happen to be the Court for the purpose of Section 438 Cr.P.C.) on the date fixed i.e. August 18, 2011 and explain the reasons for non-appearance on July 11, 2011. In case of petitioner’s doing so, the trial Court will consider the circumstances and reasons for non-appearance of the petitioner on July 11, 2011 and if satisfied, the trial Court will be at liberty to release the petitioner on bail on his furnishing fresh bail bonds/ surety bonds. The application filed by the petitioner will be decided on the same day. In case the trial Court opts to reject the application, the petitioner will be entitled to approach this Court again. In that eventuality, the petitioner will not be arrested for seven days after the rejection of his application for bail to enable him to avail the legal remedy before this Court. August 9, 2011 (M.M.S.BEDI) sanjay JUDGE