In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-10924 of 2010 ..... Date of decision:12.5.2010 Tarlok Singh .....Petitioner v. State of Punjab .....Respondent .... Present: Mr. Ritesh Pandey, Advocate for the petitioner. Mr. V.P.S. Sidhu, Assistant Advocate General, Punjab for the respondent-State. ..... S.S. Saron, J. Heard learned counsel for the parties. The petitioner seeks pre-arrest bail as non-bailable warrants have been issued by the Court of learned Special Judge, Amritsar vide order dated 16.2.2010 (Annexure-P.4). During the trial of the case on 16.2.2010 the petitioner did not appear before the trial Court at Amritsar. On the said date PW DSP Narinder Singh was present. Despite the case being called repeatedly he was absent without any information and intimation. Accordingly, he was ordered to be summoned through non-bailable warrants of arrest for 15.3.2010. According to the petitioner he had submitted an application (Annexure-P.5) seeking his exemption. A perusal of the certified copy of the said application seeking exemption shows that the learned Special Judge ordered that the accused had already been summoned through non-bailable warrants. The application was declined being not signed by the accused nor Cr. Misc. No.M-10924 of 2010 [2] supported by any medical certificate. In the said application, it has been submitted that the petitioner was suffering from cancer problem due to which the doctor had advised him to take bed rest. However, the stand now sought to be taken is that the petitioner, in fact, on 14.2.2010 came to Amritsar from New Delhi to attend the hearing of the case scheduled to be fixed for 16.2.2010, however, on 15.2.2010 the petitioner developed severe pain in the knees due to which he approached Dr. Hardas Singh Orthopaedic Hospital & Super Speciality Research Centre, Amritsar. He was called for X-ray on 16.2.2010. Therefore, the petitioner was not in a position to go to the Court to attend the proceedings. His counsel was informed regarding his inability. The copy of the medical certificate (Annexure-P.3) has been placed on record. The medical certificate dated 15.2.2010 (Annexure-P.3) shows that the petitioner had complained of pain in both the knees. He got his X-ray conducted. On 27.4.2010, during proceedings in the present case, it was observed that the name of the petitioner was not there on the X-ray plates that he produced. The cover of the envelope which contained the X- ray plates, the name of Tarlochan Singh had been changed to Tarlok Singh (petitioner). Photo copy of the medical prescription (Annexure-P.3) also contained a cutting and the name of Tarlochan Singh had been changed to Tarlok Singh (petitioner). It appears that the petitioner did not appear before the trial Court on 16.2.2008 as he in all probability wanted that the statement of DSP Narinder Singh is not recorded. However, keeping in view the age of the petitioner which is about 65 years; besides, he has stated that he would appear before the trial Court and would not absent himself from the trial of the case in future, it would be just and expedient that in the event of his Cr. Misc. No.M-10924 of 2010 [3] arrest he is admitted to bail. This, however, would be subject to payment of costs of Rs.5,000/- which shall be deposited by the petitioner with the Punjab State Legal Services Authority and a receipt furnished within 15 days. Accordingly, the criminal miscellaneous petition is disposed of with the direction to the petitioner to appear before the trial Court within three days from the receipt of certified copy of this order. However, in the event of his arrest, he shall be admitted to bail on his furnishing personal bonds and surety to the satisfaction of the trial Court. Besides, he shall pay costs of Rs.5,000/- to the Punjab State Legal Services Authority, the receipt of which shall be submitted within 15 days. May 12, 2010. (S.S. Saron) Judge *hsp*