P. K. TRIPATHY, J. ( 1 ) ( 2 ) THIS application u/s. 482 of the Code of Criminal Procedure, 1973 (in short, 'the Code') is disposed of at the stage of hearing on admission on consent of learned counsel for the petitioner and the learned Addl. Government Advocate. ( 3 ) PETITIONER is an accused in S. C. No. 89 of 1997 of the Court of Sessions Judge, Kalahandi-Nuapada at Bhawanipatna. On 3-2-98 petitioner was not present in the Court and a petition for representation u/s. 317 of the Code filed on the ground of illness of the petitioner was rejected because medical certificate was not filed in support of such illness. Learned Sessions Judge has further mentioned that two adjournments, in the meantime, had been granted to the petitioner to attend the Court. Accordingly, order was passed to issue N. B. W. A. against the petitioner. ( 4 ) LEARNED counsel for the petitioner states that it is not a case of wilful default and when a petition for representation had been filed the Sessions Judge should not have issued N. B. W. A. He further states that in any event if this Court so pleases may issue suitable direction for the future attendance of the petitioner in the trial Court and may pass order for his release on bail. Learned Addl. Government Advocate, on the other hand, argues that in a Sessions Case petitioner cannot behave in that manner and he should attend the Court personally on the date of consideration of charge, examination of witnesses and examination of the accused so also on the date of judgment and in exceptional circumstance on stray occasion his absence can be condoned on filing of petition for representation, but it should not be a regular feature. ( 5 ) AFTER hearing the learned counsel for both the sides I find that the submission of learned Addl. Govt. Advocate is sound and wholesome. However, in this case since the petitioner had not made wilful default this application is disposed of with the observation that in the event petitioner will surrender in that Court by 8-7-98 learned Sessions Judge may allow him to go on bail afresh on suitable terms and conditions as he will deem just and proper. The bail application be disposed of during the course of the date of surrender. The bail application be disposed of during the course of the date of surrender. While releasing the petitioner on bail, the learned Sessions Judge, in addition to any other condition shall impose the conditions that petitioner shall personally appear in that Court on each date when the case is fixed for consideration of charge, recording of evidence of witnesses, examination of the accused and for judgment besides the first appearance if that has not happened as yet. Petition allowed. .