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1995 DIGILAW 414 (RAJ)

Subhaah v. The State of Rajasthan

1995-04-27

N.L.TIBREWAL

body1995
JUDGMENT 1. - Heard learned counsel for the petitioner and the Learned Public Prosecutor. Case diary 2. It is a case of bail jump in a Cr. Case No. 141/1988 perused pending in the Court of Addl. C.J.M. Behror. The charges again the petitioner are for offence under section 379 and 447 IPC. It appears that from 5.7.1993 to 17.4.1995 the petitioner remained absent and he has appeared before the trial Court on 17.4.1995 and since then he is in custody. Mr. Balvada, gives-out that the petitioner is ready to file an undertaking in the trial- court to the effect that he shall remain present in Court on all subsequent dates of hearing to avoid delay in trial. 3. Taking into consideration all the facts and circumstances, I am inclined to release the petitioner on bail under Section 439 Cr. PC by increasing the amount of bail bonds on certain conditions. 4. It is, therefore, directed that the petitioner Subhash S/o Laxmi Narayan, R/o Khundroth, P.S. Mandha shall be released on bail, provided he furnishes a personal bond in the sum of Rs. 5,000/- ( Rs. five thousand only) with one surety in the like amount to the satisfaction of the trial court with the stipulation to appear before that Court or any other Court on all subsequent dates of hearing and as and when called upon to do so during the pendency of the trial/enquiry/ investigation as the case may be, subject to the following conditions: 1. that the petitioner shall furnish an undertaking before the trial-court on his surrender to the effect that he will attend all subsequent dates of hearing to avoid the delay in trial, 2. that he will not leave the State of Rajasthan, without prior permission of the Court. 5. If any of the above conditions is violated by him, It shall be open to the trial-court to cancel his bail. If any proceedings under Section 446 Cr.PC is initiated against him, the same shall be decided independently without being influenced by this Court.Bail Granted. *******