Criminal Misc. No.M-30150 of 2009 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-30150 of 2009 Date of decision : 30.10.2009 Kulwant Singh .....Petitioner Versus State of Punjab ...Respondent **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. P.S.Brar, Advocate for the petitioner. S. D. ANAND, J. The learned counsel appearing on behalf of the petitioner states that absence of the petitioner on the relevant date was not wilful because he had suddenly fallen ill on 20.10.2009 and he had to suffer hospitalisation at Civil Hospital, Badal, for the period 20.10.2009 to 22.10.2009. In continuity of that plea, the averment made is that petitioner was thereafter referred to Civil Hospital, Bhatinda. There is a precise averment in the petition that medical certification would be shown at the time of arguments before this Court. None has otherwise been presently shown to the Court. Yet another averment is that the cause of absence had been duly telegraphed to the learned Trial Court but telegraphic intimation could not reach in time. Notice of motion. Mr. B.B.S.Teji, learned Assistant Advocate General, Punjab accepts notice on behalf of the State. Criminal Misc. No.M-30150 of 2009 -2- **** The petition is disposed of with a direction that the petitioner shall appear before the learned Trial Court and file a plea for his release on bail in the light of whatever stands averred in the course of the petition pending before this Court. That plea shall be supported by the medical documentation averred in the course of para 3 of the petition. It will be open to the learned Trial Court to dispose of the plea for bail on its own merit. The petitioner shall not be arrested till the disposal of the application by the learned Trial Court. October 30, 2008 (S. D. ANAND) Pka JUDGE Note: Whether to be referred to Reporter: Yes/No Criminal Misc. No.M-30150 of 2009 -3- ****