Daya Chaudhary, J. - (1.) Crl. Misc. No. 7479 of 2011.
(2.) APPLICATION is allowed as prayed for. Crl. Misc. No. M -4050 of 2011 The present petition under Section 482 Code of Criminal Procedure has been filed by Balraj Tuli and Shakuntla Devi for setting aside order dated 18.1.2011 passed by JMIC, Ludhiana, vide which, personal bonds and surety bonds of the Petitioners have been cancelled and forfeited to the State.
(3.) LEARNED Counsel for the Petitioners contends that on 18.1.2011, an application for exemption from personal appearance was moved on behalf of the Petitioners as Petitioner No. 1 was suffering from Dysentry & Dehydration and was under the treatment of Government Hospital at Ghazibad and Petitioner No. 2 was suffering from Dm with HT with OA spine/knees with UTI with viral fever and therefore both of them could not appear on the date fixed before the trial Court. As the application was filed late, bail bonds and surety bonds of the Petitioners were cancelled and forfeited to the State vide order dated 18.1.2011. Learned Counsel for the Petitioners further submits that lapse was on the part of counsel appearing before the trial court and moreover, Petitioner No. 2 is 78 years of age and normally remains unwell. Learned Counsel also contends that the intention of the Petitioners was not to avoid the Court proceedings or to remain absent willfully. It is also the contention of learned Counsel that the Petitioners are ready to surrender before the trial Court;