IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-27573 of 2010 Date of decision : 5.10.2010 Chandel Basdev …. Petitioner Versus State of Haryana and another ….. Respondents Present : Mr. Mohd. Yousaf, Advocate for the petitioner. *** S.S. SARON, J. The petitioner seeks pre-arrest bail in a complaint case dated 29.5.2001 (Annexure P1) titled Veena Devi v. Chandel Basdev. He was granted bail in the said case on 19.11.2005 on the condition that he would surrender his passport. The passport was surrendered by the petitioner in compliance to the said order. Thereafter, an application was filed on 3.12.2005 for releasing the said passport on ‘superdari’. The application for the release of passport was dismissed by the learned trial Magistrate on 13.12.2005. Aggrieved against the same, the petitioner filed a revision petition in the Sessions Court at Karnal. The learned Additional Sessions Judge, Karnal vide order dated 24.12.2005 (Annexure P2) directed the release of the passport on ‘superdari’. The petitioner was directed to furnish an undertaking before the learned Additional Sessions Judge, Karnal to the effect that his counsel would appear on his behalf before the learned trial Court on each and every date of hearing and that he would have no objection if the proceedings in the case are conducted in his absence. Besides, he would Crl. Misc. No. M-27573 of 2010 [2] appear before the learned trial Magistrate as and when directed and his counsel would intimate the date of hearing on which the petitioner is required to appear. During the trial of the case, on 14.11.2009 no one appeared on behalf of the petitioner and the learned Additional Chief Judicial Magistrate, Karnal vide order (Annexure P3) passed on the said date cancelled the bail bonds of the petitioner and summoned him through warrants of arrest for 08.12.2009. The petitioner then filed an application for anticipatory bail which has been disposed of on 9.8.2010 (Annexure P4) by the learned Additional Sessions Judge (Fast Track Court), Karnal. A perusal of the said order (Annexure P4) shows that the petitioner was not able to attend the Court on 9.4.2008 as he met with an accident. There is no mention in the order (Annexure P3) regarding absence of the petitioner on 14.11.2009 on which date his bail was cancelled by the learned Additional Chief Judicial Magistrate, Karnal. In the application filed before the learned Additional Sessions Judge, Karnal for grant of anticipatory bail it was submitted that on 9.4.2008, the petitioner was not able to attend the Court as he met with an accident. It is further submitted that an application for exemption from personal appearance was filed by the counsel for the petitioner before the learned trial Court. However, the learned trial Court dismissed the application and forfeited his bail and surety bonds. It is no where submitted in the application for grant of anticipatory bail or during the course of hearing before the learned Additional Sessions Judge, Karnal as to why the petitioner did not appear on 14.11.2009 on which date his bail was cancelled and his bail and surety bonds were forfeited to the State. The application for grant of pre-arrest bail before the Crl. Misc. No. M-27573 of 2010 [3] learned Additional Sessions Judge, Karnal has not fully brought on record the factual position regarding the absence of the petitioner on 14.11.2009. Rather absence of the petitioner on 9.4.2008 has been mentioned and considered. Therefore, in the facts and circumstances, it would be just and expedient that the petitioner files a fresh application for grant of anticipatory bail by explaining the entire facts and circumstances and as to why he was not present in the Court on 14.11.2009 when his bail was cancelled by the learned Additional Chief Judicial Magistrate, Karnal. The learned Sessions Court would consider the application for grant of anticipatory bail de hors the order dated 9.8.2010 (Annexure P4). Accordingly, the Crl. Misc. petition is dismissed. (S.S. SARON) JUDGE October 5, 2010 amit