ORDER

1. Notice. Mr. H.S., Ahluwalia, Special Prosecutor for CBI accepts notice.

2. Heard.

3. The petitioner is facing-trial in a case R.C. No. 21/85/CBI/I.C.B./N.D. U/s. 120B r/w 420, 409, 467, 471, 477A IPC r/w Sections 5(1)(c) (d) and 5(2) Prevention of Corruption Act, 1947 wherein 1st and 2nd of April 2003 had been fixed as dates on which prosecution evidence was to be recorded. The petitioner failed to appear before the learned Trial Court on these dates and moved an application seeking exemption from appearing before the learned Trial Court on the ground that the petitioner had to go abroad all of a sudden due to urgency of business. The application was however declined as the learned Trial Court, in the facts and circumstances of the case, found that there was no sufficient justification for petitioner's absence on the said dates. While rejecting the application seeking exemption from personal attendance the learned Trial Court ordered issuance of non-bailable warrant of arrest against the petitioner. Simultaneously an order forfeiting his bail bond and for issuance of notice to his surety was passed. The petitioner is aggrieved by the order rejecting his application for exemption from personal attendance, issuance of non-bailable warrants of arrest against him as well as forfeiture of bail bond and issuance of show cause notice under Section 446 Cr.P.C. to his surety. In the course of hearing learned counsel for the petitioner confines his plea for non-execution of non-bailable warrants of arrest against the petitioner. He assures that the petitioner would appear before the learned Trial Court and in these circumstances he need not be arrested in execution of non-bailable warrant of arrest. The purpose of non-bailable warrant of arrest being to secure attendance of the petitioner on the date fixed, the same would be served if the petitioner appears before the learned Trial Court on his own. In these circumstances while not interfering with the rest of the impugned order, the petitioner is permitted to appear in person before the learned Trial Court on 26th April, 2003. Till then non-bailable warrant of arrest issued against the petitioner shall not be executed. However, in case the petitioner fails to appear before the learned Trial Court on the said date the non-bailable warrant of arrest may be executed against him and he may be produced before the learned Trial Court after his arrest in execution of non-bailable warrant of arrest.

4. The petition stands disposed of accordingly.