IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.64306 of 2010 in CRM No. M-35052 of 2010 Date of decision: 10.12.2010 Sanjeev Kumar …. Petitioner Versus State of Haryana ….. Respondent Present : Mr. Shailender Kashyap, Advocate for the petitioner. *** S.S. SARON, J. Crl. Misc. No.64306 of 2010 Learned counsel submits that the case before the learned trial Court is listed for hearing tomorrow i.e. 11.12.2010. It is submitted that on the last date learned counsel for the petitioner was held up before the another Bench of this Court and in his absence the case was adjourned to 08.2.2011. Therefore, it is prayed that in the facts and circumstances, the date of hearing be preponed for today as the case before the learned trial Court is fixed for tomorrow i.e. 11.12.2010. In view of the above facts and circumstances, the Crl. Misc. application is allowed and the case is preponed from 08.2.2011 to today. Crl. Misc. stands disposed of. Crl. Misc. No.64306 of 2010 in [2] CRM No. M-35052 of 2010 CRM No. M-35052 of 2010 Heard counsel for the petitioner. The Crl. Misc. petition has been filed seeking setting aside the order dated 21.10.2010 (Annexure P8) passed by the learned Additional Sessions Judge, Faridabad whereby the application filed by the petitioner seeking exemption from personal appearance has been declined. The petitioner was arrested in case FIR No.247 dated 23.9.2010 registered at Police Station Sector 31, Faridabad for the offences under Sections 420 and 506 IPC. He applied for bail before the learned Additional Sessions Judge, Faridabad. During hearing of the case, learned counsel for the parties submitted that there were chances of settlement but since the petitioner was in jail, so negotiation for settlement could not take place. Therefore, for the purposes of settlement of the dispute, the petitioner was granted interim bail upto 21.10.2010 on his furnishing bail bonds in the sum of `50,000/- with one surety in the like amount to the satisfaction of the learned Sessions Judge, Faridabad subject to the condition that the passport of the petitioner was surrendered before the Investigating Officer and the petitioner himself would surrender before the Court of learned Additional Sessions Judge, Faridabad on 21.10.2010 by 2.00 p.m. The negotiation between the parties did not materialize. The petitioner, however, did not surrender before the Court of learned Additional Sessions Judge, Faridabad on 21.10.2010 instead he submitted an Crl. Misc. No.64306 of 2010 in [3] CRM No. M-35052 of 2010 application (Annexure P5) seeking exemption from personal appearance on the ground that he was unwell and unable to move from his bed. It was stated that he was suffering from viral fever and loose motion and the doctor had advised him bed rest. After filing the said application, another application dated 21.10.2010 (Annexure P6) was submitted wherein it was again reiterated by the petitioner that he was unwell and unable to move from the bed. His absence was not intentional. Besides, the co-accused of the petitioner namely Smt. Girja Aggarwal had been enlarged on anticipatory bail by this Court. The learned Additional Sessions Judge, Faridabad vide impugned order dated 21.10.2010 (Annexure P8) dismissed the applications which are assailed in the present petition. Learned counsel for the petitioner submits that the petitioner is ready to surrender before the Court. However, his application for regular bail may be considered expeditiously and preferably on the same day. After giving my thoughtful consideration to the matter, it may be noticed that the petitioner had been granted interim bail on the condition that he appeared before the learned Additional Sessions Judge on 21.10.2010 at 2.00 p.m. However, he did not appear and rather submitted two applications (Annexures P5 and P6) seeking exemption from personal appearance. The ground taken by the petitioner in both the applications (Annexures P5 and P6) was that he was unwell and unable to move from his bed. It was stated that he was suffering from viral fever and Crl. Misc. No.64306 of 2010 in [4] CRM No. M-35052 of 2010 loose motion. The learned Additional Sessions Judge, Faridabad observed that the application was supported with the report of Dr. Lal, Path Lab dated 16.9.2010 printed on 18.9.2010 and a prescription slip dated 18.10.2010 had been attached. Therefore, the report of the Dr. Lal, Path Lab was much earlier to the prescription slip and was a month earlier to the date fixed before the learned Additional Sessions Judge, Faridabad. Accordingly, the application was dismissed and the presence of the petitioner, it was ordered, be secured through warrants of arrest for 28.10.2010. Notice was also given to his surety. The next date for warrants of arrest has now been fixed for 11.12.2010. It may be noticed that the petitioner did not appear before the learned Additional Sessions Judge on 21.10.2010. He has failed to appear before the learned Additional Sessions Judge, Faridabad. The ground that was taken by the petitioner in his two applications (Annexures P5 and P6) seeking exemption from personal appearance did not inspire much confidence of the Court of learned Additional Sessions Judge, Faridabad. In the circumstances, no interference with the impugned order dated 21.10.2010 (Annexure P8) is warranted. Accordingly, the Crl. Misc. petition is dismissed. However, in case the petitioner surrenders before the learned Additional Sessions Judge, Faridabad within two days from receipt of copy of this order and makes a request for early hearing of his application seeking regular bail, the Crl. Misc. No.64306 of 2010 in [5] CRM No. M-35052 of 2010 learned Additional Sessions Judge, Faridabad shall consider the same expeditiously in accordance with law. Copy of this order be given dasti on payment of usual charges. (S.S. SARON) JUDGE December 10, 2010 amit