JAKIR HUSSAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER has invoked jurisdiction of this Court under Section 482 Cr.P.C. assailing the order dated 24.10.2011, whereby application moved by the petitioner seeking personal exemption was rejected and his bail was cancelled and bail bonds/surety bonds were directed to be forfeited to the State.

(2.) RECORD reveals that on 24.10.2011 trial was fixed before the trial court for prosecution evidence. An adjournment application was moved on behalf of the witnesses Naresh, Nasib, Surinder Kumar, Ritessh, Suresh, Bichha Ram and Bodh Raj, which was allowed by the trial court vide order dated 24.10.2011, however, application moved by the petitioner seeking exemption from personal appearance on the ground that petitioner has gone to to pay homage to Prophet Mohammad in Macca Madina (Saudi Arabia) on 09.10.2011 was rejected by the trial court and his bail was also directed to be cancelled; bail/surety bonds were also directed to be forfeited to the State.

(3.) THIS is true that petitioner has come back to India and is ready and willing to join trial and to appear before the trial court on the next date fixed i.e. 20.12.2011, therefore, I am of the view that present petition should be disposed of with the direction that petitioner shall remain present before the trial court on 20.12.2011 and shall also participate in the trial. If petitioner appears before the trial court on 20.12.2011 and submits his fresh personal bonds and surety bonds, he shall be released on bail.