Research › Browse › Judgment

Rajasthan High Court · body

1998 DIGILAW 363 (RAJ)

Panchu Ram Jat v. State of Rajasthan

1998-03-11

RAJENDRA SAXENA

body1998
JUDGMENT 1. - Heard. The applicant, who is facing trial for the offences punishable under Sections 147, 447, 341 and 435 I.P.C. was on bail, but during trial on 18.3.1993, he remained absent and as such his bail bonds were forfeited. A non-bailable warrant has been issued for his arrest by the trial Magistrate. The applicant, thereafter submitted an application under Section 438 Cr.P.C. before the learned Sessions Judge, Jaipur District, Jaipur, who by his order dated 17.2.1998 dismissed the same on the ground that the accused cannot be allowed to protract the trial at his sweet will. 2. Admittedly all the offences for which the applicant has been charged, are bailable. He is an old person and is reported to be a patient of high blood pressure and asthma. Co accused persons have also absconded. As such the trial of this case was protracted. 3. The learned counsel for applicant assured that in future the applicant shall be regularly attending the trial court. In such circumstances, in the interest of justice I feel that one more opportunity should be granted to the applicant to remain on bail. 4. Accordingly this application is allowed and it is ordered that in the event of arrest of the applicant in compliance of the non-bailable warrant issued by the learned Additional Civil Judge (JD) cum Judicial Magistrate No. 1, Jaipur District, Jaipur, the applicant shall be released on bail provided he executes his personal bond for an amount of Rs. 10,000/- (Rs. ten thousand only) and furnishes two sound and substantial sureties in a sum of Rs. 5,000/- each for his regular appearance before the trial Magistrate in this case on each and every date of hearing and whenever ordered to do so. The learned trial Magistrate is also directed to withdraw the non-bailable warrant issued against the applicant immediately and issue a bailable warrant in conformity with the directions of this court under section 439(3) Cr.P.C. A copy of this order shall be immediately sent to the trial Magistrate for compliance.Application allowed. *******