Crl. Misc. No. M-36997 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-36997 of 2011 Date of Decision : 07.12.2011 Jakir Hussain …Petitioner Versus State of Haryana …Respondent ………. CORAM: HON'BLE MR. JUSTICE ALOK SINGH -.- 1. Whether Reporters of local newspapers may be allowed to see judgment? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present: Mr. S.K. Panwar, Advocate, for the petitioner. *** Alok Singh, J. (Oral) Petitioner has invoked jurisdiction of this Court under Section 482 Cr.P.C. assailing the order dated 24.10.2011, whereby application moved by the petitioner seeking personal exemption was rejected and his bail was cancelled and bail bonds/surety bonds were directed to be forfeited to the State. Record reveals that on 24.10.2011 trial was fixed before the trial court for prosecution evidence. An adjournment application was moved on behalf of the witnesses Naresh, Nasib, Surinder Kumar, Ritessh, Suresh, Bichha Ram and Bodh Raj, which was allowed by the trial court vide order dated 24.10.2011, however, application moved by the petitioner seeking exemption from personal appearance on the ground that petitioner has gone to to pay homage to Prophet Mohammad in Macca Madina (Saudi Arabia) on 09.10.2011 was rejected by the trial court and his bail was also directed to be Crl. Misc. No. M-36997 of 2011 2 cancelled; bail/surety bonds were also directed to be forfeited to the State. Learned counsel for the petitioner has vehemently argued that once case was being adjourned on the application of the prosecution witnesses, exemption from the personal appearance ought to have been allowed and should have not been rejected on the hypertechnical ground. He has further submitted that now trial is fixed for 20.12.2011 and on that day petitioner shall remain present before the trial court. This is true that petitioner has come back to India and is ready and willing to join trial and to appear before the trial court on the next date fixed i.e. 20.12.2011, therefore, I am of the view that present petition should be disposed of with the direction that petitioner shall remain present before the trial court on 20.12.2011 and shall also participate in the trial. If petitioner appears before the trial court on 20.12.2011 and submits his fresh personal bonds and surety bonds, he shall be released on bail. Petition is allowed accordingly. Petitioner shall remain present before the trial court on the next date fixed i.e. 20.12.2011 and shall be released on bail on furnishing his personal bonds and surety bonds to the satisfaction of the trial court. ( Alok Singh ) December 7, 2011 Judge Anand