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2009 DIGILAW 864 (RAJ)

Ajay Kumar Meena v. State of Rajasthan

2009-03-25

MAHESH BHAGWATI

body2009
JUDGMENT 1. - This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Mr. S.S. Mahla Advocate on behalf of the applicant Ajay Kumar Meena pertaining to F.I.R. No. 518/2006 of police station, Jhotwara, Jaipur in the offence under Sections 147, 148, 149, 341, 323, 427, 379 of I.P.C. 2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record. 3. Learned counsel for the petitioner has contended that on account of remaining absent on 20:02.2009, his bail bonds were forfeited and thereafter on arrest, he was detained in custody. Learned counsel for the petitioner undertakes that the petitioner now onwards shall attend all the dates of hearing-- during trial and as such, he may be given one last opportunity to remain on bail. 4. Learned Public Prosecutor appearing for the State has opposed the bail petition. 5. Having considered the submissions made at the bar and carefully perused the order dated 21.03.2009 rendered by Additional District Judge (FT) No. 2, Jaipur City, Jaipur, it is noticed that the case was fixed by the trial court for recording the statements of the witnesses continuously on 20th, 21st and 24th February, 2009. The witnesses on all these dates appeared in the Court, but on account of non-appearance of the petitioner, the witnesses were sent back un-examined. Albeit, the petitioner hampered the course of trial by way of abusing the liberty of bail granted to him, however, I, without expressing any opinion on the merits of the case, deem it just and proper to give last opportunity and grant bail to the petitioner. 6. It is, therefore, ordered that the accused-petitioner Ajay Kumar Meena S/o. Rameshwar Lal Meena in F.I.R. No. 518/2006 of police station Jhotwara, Jaipur shall be released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/- together with two surety bonds each of Rs. 50,000/- to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded failing which he may be detained in custody.Bail Allowed. *******