BALWANT SINGH Vs. STATE

JUDGEMENT

(1.) ON 16 -5 -1978, the learned Sessions Judge exempted the petitioner from personal appearance and permitted him to appear through his counsel. On 5 -12 -1978 he has all of a sudden reversed that order and issued non -bailable warrants against him. This is something unheard of. If the Sessions Judge found that the personal appearance of the petitioner was necessary for a particular purpose he could have asked the counsel to produce him and in the event of his failure he could issue coercive process. This is what he has not done. On the other hand, he has said that there was no justifiable cause for allowing the petitioner to remain exempt from personal appearance although earlier he had himself found a valid reason for it. In the circumstances the impugned order dated 5 -12 -1978, cannot be sustained, It is hereby set aside. The earlier order dated 16 -5 -1978, shall continue to be operative but the learned Sessions Judge will be at liberty to ask the counsel for the petitioner to produce the petitioner personally whenever necessary and where he fails to comply with the requisition, it shall be open to the Sessions Judge to take coercive steps for procuring the attendance of the petitioner.

(2.) AT this stage it was brought to my notice that the case is at the charge stage and a request was made on behalf of the respondent that I might fix a date for the arguments and direct the petitioners counsel to produce the petitioner on the said date before the trial court so that the court could hear the arguments and if it decided to frame the charge sheet against him, it could have no difficulty. I think the request is reasonable. I, therefore, direct that the trial court shall hear the arguments and pass necessary orders in regard to the framing of the charge on 5th of April, 1982. Counsel for the petitioner is directed to produce the petitioner personally on the said date before the trial court.