IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.M.No. M-31287/2010(O&M) Date of decision: 26.10.2010. Jaspal Ex-Sarpanch ....................Petitioner v. State of Punjab .....................Respondents Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.RC Sharma,Advocate for Mr.APS Shergill,Advocate for the petitioner. Jaswant Singh.J.(Oral) Petitioner-Jaspal was convicted under Section 409 IPC and sentenced to undergo RI for 2 years and to pay fine of Rs.3000/- and in default to undergo further RI for one month, by the learned JMIC, Gurdaspur, vide judgement and order dated 17.1.2007, in case FIR No.50 dated 14.7.1999 under Section 409 IPC, PS Purana Shalla. He preferred an appeal. During the pendency of the appeal his sentence was suspended and he was admitted to bail. Due to his non-appearance before the appellate Court on 8.10.2010 his bail bonds were forfeited to the State and non-bailable warrants were issued against him. Learned counsel for the petitioner submits that petitioner had suffered a bout of dehydration and was advised two days' rest on 7.10.2010. Relying on OPD Slip (P2), it is contended that for the said reason petitioner could not appear on 8.10.2010, although he had instructed his counsel to move an application for exemption. It is further submitted that the said application was moved but the same was treated as not maintainable on account of the impugned order dated 8.10.2010 having already been passed as is evident from the noting at P.2. After hearing the learned counsel for the petitioner, I find the reason for non-appearance of the petitioner on the said date to be genuine. Accordingly, I deem it just and proper and in the interest of justice to accept the prayer of the petitioner for grant of bail. Hence, the present petition is allowed and it is directed that in case petitioner appears before the learned appellate Court on or before the date next date fixed i.e 4.11.2010 and furnishes fresh bail bonds, he shall be admitted to bail to the satisfaction of the appellate court. Disposed of in the above terms. 26.10.2010 (Jaswant Singh) joshi Judge