S. I. JAFRI, J. ( 1 ) THIS appeal has been preferred by Baiju, Puttan Mishra and Ganga Charan against the order dated 31-8-1977 passed by Sri. D. N. Shukla, III Additional Sessions Judge, Banda thereby forfeiting the surety bonds of the amount of Rs. 2,000/- furnished by Baiju and Puttan Mishra appellants for securing release of the appellant Ganga Charan on bail in Sessions Trial No. 85 of 1977, State v. Gulzari and others under S. 302/34, I. P. C. Ganga Charan accused appellant has also furnished the bail bonds in the like amount of Rs. 2,000/ -. ( 2 ) THE facts giving rise to the aforesaid appeal in this Court are that during the pendency of the aforesaid Sessions Trial No. 85 of 1977, accused Ganga Charan absented himself on 30th August, 1977, the date of hearing. However, an application accompanied with a medical certificate was made before the Sessions Judge praying therein to exempt the accused-appellant from his personal attendance because of his ailing condition. Consequent upon the application aforesaid the learned Sessions Judge put the matter off the next dated i. e. 31-8-1977, and on the said date i. e. 31-8-1977, the learned Sessions Judge passed the aforesaid impugned orders thereby forfeiting the surety bonds and personal bond of the appellants and also directing therein for realisation of Rs. 2,000/- as the penalty amount of surety bonds from each of the appellants. ( 3 ) FROM a bare reading of the materials on record, it crystallises that the accused-appellant Ganga Charan surrendered before the Court preceding the date 10-9-1977 and, therefore, the trial against accused Ganga Charan proceeded accordingly culminating in the conviction of Ganga Charan along with others, recorded by the learned Sessions Judge, Banda on 25-4-1978. Consequent upon the conviction recorded by the trial Court, the accused-appellant Ganga Charan and others came up in appeal before this Court, which was ultimately allowed on 26th Sept. Consequent upon the conviction recorded by the trial Court, the accused-appellant Ganga Charan and others came up in appeal before this Court, which was ultimately allowed on 26th Sept. , 1988 by a Division Bench of this Court acquiring Ganga Charan and others of the charges under S. 302/34, I. P. C. ( 4 ) IT is contended by the learned counsel for the appellants that the assumption of the learned Sessions Judge that the accused Ganga Charan deliberately avoided to appear before the Court on the date fixed, is based on materials beyond the record of the case and further that the learned Sessions Judge did not place reliance on the medical certificate certifying the ailing state of accused Ganga Charan without assigning any reasonable cause. ( 5 ) I have also heard the rival submissions advanced by the learned counsel for the State. ( 6 ) UPON a consideration of the submissions advanced by the learned counsel for the parties in entirety, I feel that the learned Sessions Judge has erred in not taking into consideration the medical certificate testifying to the ailment of the accused Ganga Charan and had mistakenly assumed that the accused-appellant had deliberately avoided to appear before the Court on 30-8-1977. ( 7 ) IT is worthy to observe that the Court is under a duty to assign cogent and convincing reason based on the materials on record for disbelieving a medical certificate or doubting its veracity filed by the accused in support of the application seeking exemption from his appearance in person before the court. Absence of an accused can be for umpteen reasons, but the absence on medical ground is such that it solicits Courts pointed indulgence and calls for lenient and large view on the part of the Court unless the Court has reasons to believe that the accused has deliberately abused the medical ground for his absence and that the accused is habitually absenting himself on medical grounds. ( 8 ) IT is on the record that accused Ganga charan Surrendered himself before the Court of Sessions Judge within few days of his aforesaid absence from the court and also considering that an application accompanied by a medical certificate was made before the Sessions Judge, it cannot be stretched to infer that the absence of the accused Ganga Charan on 30th August, 1977 in the Court of Sessions Judge, was deliberate. Rather it was on account of his illness that he could not appear before the Court on the date fixed. ( 9 ) IN the result, the appeal is allowed and the order dated 31-8-1977 passed by Sri. D. N. Shukla and Addl. Sessions Judge, Banda is set aside. It is however specified that the penalty amount sought to be recovered from the appellants, shall not be realised from them. Appeal allowed. .