Crl. Rev. No. 1161 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Rev. No. 1161 of 2010 Date of Decision: July 16, 2010 Ram Pal …..Petitioner Vs. State of Haryana …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.K.D.S. Hooda, Advocate for the petitioner. Mr.P.S. Punia, Addl. A.G., Haryana. -.- M.M.S. BEDI, J. (ORAL) While considering the bail application of Basant and Raj Kumar, the trial Court pass the following order:- “….. they are ordered to be released on their furnishing personal bonds in the sum of Rs.50000/- each with one surety in the like amount to the satisfaction of this Court. Shri R.S.Hooda, Advocate, who is representing all the Crl. Rev. No. 1161 of 2010 [2] accused, is informed that in case the trial is hindered by any of the accused by absenting himself without prior exemption if the necessity arises, then the bail of all the accused shall be cancelled.” Ram Pal who is a co-accused alongwith Basant and Raj Kumar has questioned the legality and propriety of the observations made by the trial Court. Heard. The observations highlighted, passed by the trial Court while granting bail to one accused and simultaneously making all the accused liable for cancellation of bail in case of absence of any of the co-accused appears to be unreasonable as it has been informed that there are 37 accused hailing from different States who are facing trial. The trial Court seems to have made the abovesaid observation to deter all the accused from absenting themselves without any reasonable cause so that the trial may not be hampered. The bonafide of the trial Court is appreciated but at the same time the order passed qua one accused affecting the liberty of other accused seems to be unreasonable and harsh. The trial Court can adopt other stringent means in case any of the accused individually makes an attempt to delay the proceedings. The Criminal Procedure Code enables a Court to exempt the appearance of any accused and to record the evidence in presence of his counsel as per the provisions of Sections 273 Cr.P.C. and 205 Cr.P.C. Crl. Rev. No. 1161 of 2010 [3] The petition is allowed and it is ordered that the observations made in the order granting bail to Basant and Raj Kumar will not be operative qua the other accused but of course it will be applicable to Basant and Raj Kumar. July 16, 2010 (M.M.S.BEDI) sanjay JUDGE