VASU BABU Vs. STATE OF HARYANA

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) Counsel for the complainant submitted that the trial Court is unable to issue any warrant of production of the petitioner in the Court in view of the order passed by this Court on 9.11.2000. A perusal of the order dated 9.11.2000 shows that the petitioner had been given only a limited protection that the non-bailable warrants of arrest which had been issued against him will not be executed if he surrenders before the trial Court on the date already fixed. However, on the date fixed in the trial Court, the petitioner moved an application for exemption from appearing in Court on the ground that he has been lodged in Tihar Jail in relation to some other offences. In such circumstances, in my opinion, there was no impediment in the way of the trial Court to consider the petitioner's application for bail in the absence of the petitioner. Even if the application for exemption from personal appearance had been allowed, the petitioner would still be deemed to be in the custody of the trial Court. Consequently, it is made clear that the trial Court is at liberty to pass necessary orders for the production of the petitioner in the Court and also to consider the application for bail. The protection granted by this Court by order dated 9.11.2000 shall continue only till 5.5.2001. The trial Court is directed to positively decide the bail application of the petitioner by the said date. With these directions, the present Criminal Misc. application stands disposed of. Order accordingly.