IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc No. M-32571 of 2008 Date of decision : 23.01.2009 Kiranjeet Kaur ....Petitioner V/s State of Punjab ....Respondent. BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Hemant Saini, Advocate for the petitioner. Mr. Shailesh Gupta, DAG Punjab. RAJAN GUPTA J. (ORAL) On 10.12.2008, this Court was pleased to pass the following orders :- “This petition has been filed under Section 438 Cr.P.C. read with Section 482 Cr.P.C. praying for grant of an opportunity to put in appearance in the Court of Additional Chief Judicial magistrate, Amritsar in case FIR No. 357 dated 08.10.2005 under Sections 420,467,468,471,120-B IPC, P.S. Sadar Amritsar. The documents placed before me indicate that on 21.10.2008, an application was made by the petitioner Kiranjeet Kaur that she was not in a position to come to the Court in view of her ailing health. Considering the fact that the case was at charge stage and one or the other accused had not been joining proceedings as required by procedure, the matter had to be adjourned. One hour notice was given to enable the petitioner to be present in Court. Another order dated 21.10.2008 indicates that despite opportunity having been given to the petitioner, she did not come present. An application for exemption from personal appearance was Crl. Misc No. M-32571 of 2008 -2- accompanied by photocopy of prescription. It has been concluded that the disease was not so serious so as to render the petitioner unable to attend Court as she had herself not got admitted in the hospital. Considering the circumstances, bail of the petitioner was cancelled as also the bail bonds and surety bonds. Warrant of arrest to the petitioner and surety was issued for 06.11.2008. A revision was carried against the order which has also been dismissed vide order Annexure P-2. Order dated 06.11.2008 placed on record as Annexure P-3 indicates that proceedings under Section 82 Cr.P.C. have been initiated. Learned counsel has given an undertaking on behalf of his client that hereafter the petitioner shall not commit any default in appearance. Considering the stand taken on behalf of the petitioner, issue notice of motion for 23.01.2009. The petitioner is directed to put in appearance before the Trial Court on 12.12.2008. The petitioner shall not be taken in custody and shall be released on bail, however, on furnishing heavy surety. Learned counsel for the petitioner states that pursuant to the above order, petitioner has already appeared before the trial court and furnished the bail bond. This factual position is not disputed by the learned State counsel. Counsel further undertakes that the petitioner shall not commit any default in appearance before the trial court. In this view of the matter, the petition is allowed and the order dated 10.12.2008 passed by this Court granting ad-interim anticipatory bail to the petitioner, is hereby, made absolute, subject to the conditions as envisaged under Section 438(2) Cr.P.C. Petition stands disposed of . 23.01.2009 (RAJAN GUPTA) Ajay JUDGE