Crl. Misc. No.M-20266 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-20266 of 2010 Date of Decision: July 19, 2010 Balwinder Singh …..Petitioner Vs. State of Punjab …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Ms. J.J. Kaur, Advocate for the petitioner. -.- M.M.S. BEDI, J. (ORAL) Petitioner apprehends arrest in a case registered against him under Sections 406, 420 IPC. He did not appear before the trial Court on April 21, 2010 as a result of which on his application for exemption his personal appearance was exempted. Thereafter on May 5, 2010 as he did not appear as such non-bailable warrants were issued subsequently resulting in declaring him a proclaimed offender vide order dated July 3, 2010. Crl. Misc. No.M-20266 of 2010 [2] Counsel for the petitioner has contended that the petitioner is still ready to surrender before the trial Court as he had been appearing before the trial Court regularly. Grounds have been put-forth to justify the reason for non-appearance. Declaring the petitioner as proclaimed offender, non-bailable warrant has already been issued. I have heard counsel for the petitioner. I am of the opinion that the petitioner could have availed the remedy under Section 438 Cr.P.C. by approaching the Sessions Court at Jalandhar. This petition is disposed of relegating the petitioner to the alternative remedy and to explain all the circumstances for non-appearance. In case the petitioner is able to justify his absence by giving reasonable cause, it will be open to the Sessions Court to grant the concession of pre- arrest bail. July 19, 2010 (M.M.S.BEDI) sanjay JUDGE