CRM No. M-7512 of 2010 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CRM No. M-7512 of 2010 (O&M) Date of Decision : 7.2.2011 Krishan Kumar Khanna & another .......... petitioners Versus State of Punjab & another ...... Respondents CORAM : HON'BLE Ms. JUSTICE RITU BAHRI Present : Mr. Amit Rawal, Advocate for the petitioners. Mr. Munish Kumar, AAG, Punjab. **** RITU BAHRI, J. (ORAL) This petition under Section 482 of the Code of Criminal Procedure has been moved challenging the order dated 3.2.2010 passed by the Judicial Magistrate Ist Class, Ludhiana (Annexure P- 4), whereby the application moved by the petitioners for exempting their personal appearance has been declined on the ground that the medical report pertaining to the petitioners do not reflect that they have been advised bed rest. Being senior citizen there is no ground for exempting the personal appearance of the accused. Learned State counsel on instructions from ASI Major Singh states that the case is fixed for evidence on 17.2.2011. CRM No. M-7512 of 2010 -2- Since arbitration proceedings arising out of the dispute between the real brothers is pending adjudication as mentioned in the contents of the petition. In the interest of justice, personal appearance of the petitioners is exempted before the learned trial Court subject to the following conditions :- (i) petitioner shall be represented through counsel; (ii) shall not delay /stall the trial proceedings; (iii) shall not dispute his identity as an accused; (iv) shall have no objection if the prosecution evidence is recorded in his absence but in the presence of his counsel; (v) shall appear before the trial Court as and when required by the trial Court; and (vi) any other condition which the learned trial Court may impose. During this period they may be represented by their counsel. Accused / petitioners are liable to appear before the learned trial Court as and when required. Criminal Miscellaneous disposed of. 7.2.2011 (RITU BAHRI) 'sp' JUDGE