Research › Search › Judgment

Rajasthan High Court · body

2006 DIGILAW 1037 (RAJ)

Satish Kumar v. State of Rajasthan

2006-03-31

HARBANS LAL

body2006
Judgment Harbans Lal, J.- This second bail application under Section 439 CrPC has been filed on behalf of petitioner Satish Kumar who is facing trial before the learned Magistrate First Class for offence under Section 379 IPC in a case arising out of FIR No. 118/2005 P.S. Mangliawas, Ajmer. His similar bail application was rejected by the learned Additional Sessions Judge No. 1, Ajmer vide his order dated 210.2005 and by this Court on 12.01.2006. 2. It is inter-alia contended which has not been controverted by the learned Public Prosecutor that the petitioner was arrested on 03.08.2005 in the aforesaid case which is punishable with imprisonment of either description which may extend to three years and fine only. The charge-sheet was filed on 210.2005 and the charge was framed against the petitioner on that very day to which he pleaded not guilty. The first date fixed for evidence of prosecution witnesses was 10.11.2005. More than four months have elapsed since than, and the trial has not been concluded. Prosecution has been able to examine only one witness. The witnesses are willfully avoiding to appear for their examination because they want to keep the petitioner in custody by hook or by crook. He has, therefore, submitted that the petitioner has become entitled to bail in view of the provisions of Section 437 (6) CrPC. 3. Having carefully considered the submissions made at the bar and having regard to the peculiar facts and circumstances of the case, particularly the delay in the conclusion of the trial, I now deem it just and proper to enlarge him on bail. 4. In the result, this bail application under Section 439, CrPC is allowed and it is directed that petitioner Satish Kumar S/o Shri Veenu shall be released on bail in FIR No. 118/2005 P.S. Mangliawas, Ajmer for offence under Section 379, IPC on his furnishing a personal bond in the sum of Rs. 20,000/ - together with one surety in the like amount to the satisfaction of the concerned Court for his appearance before that Court on all dates of hearing until conclusion of the trial.