125 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-24189-2025 Date of decision: 05.05.2025 Rocky ....Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Gurvinder Singh, Advocate for the petitioner. Mr. Sandeep Kumar, DAG, Punjab. HARPREET SINGH BRAR, J. (ORAL) The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for issuance of directions to respondents to produce all the prosecution witnesses in the Court and not to delay the trial pending before the learned trial Court. Learned counsel for the petitioner wishes to withdraw the present petition with liberty to raise all the pleas taken in the present petition before the learned trial Court at appropriate stage during the course of trial. However, he confines his prayer to the extent of seeking exemption of the petitioner from personal appearance before the learned trial Court as the FIR in question was registered on 25.10.2020 and challan was presented on 12.04.2021 and till date prosecution witnesses are not coming forward to depose. The learned trial Court is constrained to secure their presence through bailable warrants and non- bailable warrants. The instant petition is dismissed as withdrawn with the liberty aforesaid. However, in view of the ratio laid down by this Court in CRM-M- Neha 2025.05.05 16:38 I attest to the accuracy and integrity of this document CRM-M-24189-2025 -2- 25963-2023 titled as ‘Suresh Kumar and another Vs. The State of Haryana and another’ 2023 (2) Law Herald 1498, the personal appearance of the petitioner before the learned trial Court is ordered to be exempted, subject to the following conditions:- i) petitioner shall be represented through his counsel; ii) shall not delay/stall the trial proceedings; iii) shall not dispute his identity as accused; iv) shall have no objection if the prosecution evidence is recorded in his absence but in the presence of his counsel; v) shall appear before the trial Court as and when required; and vi) any other condition, which the trial Court may impose. (HARPREET SINGH BRAR) JUDGE 05.05.2025 Neha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Neha 2025.05.05 16:38 I attest to the accuracy and integrity of this document