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2011 DIGILAW 2258 (RAJ)

Niranjan Surana v. State of Rajasthan

2011-10-21

SANDEEP MEHTA

body2011
JUDGMENT 1. - All these miscellaneous petitions are heard and decided together by this common order as they are involve common question of law and facts. 2. The present miscellaneous petitions have been filed by the petitioners who are facing trial in different cases under Negotiable Instruments Act. In some cases, the petitioners were appearing in the trial and they jumped the bail, whilst in other cases, they never appeared in the trial and as such, the proceedings under Sections 82 and 83 Cr.P.C. have been initiated against them. 3. Learned counsel for the petitioners submits that the petitioners are ready to deposit whole of the amount of their bail bonds while in all the cases they are ready to appear before the trial Court and furnish their bail bonds and they shall appear in the trial Court on each and every date of hearing. 4. This Court is of the opinion though normally those accused who evade trial and unnecessarily delay the trials should not be granted indulgence under Section 482 Cr.P.C., but looking to the facts and circumstances of the case ready to appear before the trial Court and that timely disposal of the trial shall only be possible once the presence of the petitioners is secured at the trial, this Court is of the opinion that one opportunity be granted to the petitioners to face trial while being on liberty. 5. Accordingly, whilst disposing of these miscellaneous petitions, it is directed that the warrants of arrest issued against the petitioners shall be converted into bailable warrants for the same amount, the petitioners shall appear before the trial Court and submit the bail bonds within a period of four weeks from today. It is also directed that in whichever cases the petitioners' bail bonds have been forfeited they shall deposit the complete amount of bail bonds to the Court below under the proceedings under Section 446 Cr.P.C. In view of the above, the proceedings under Sections 82 and 83 Cr.P.C. are hereby dropped. In the event of non-appearance of the petitioners within a period of four weeks, the orders impugned of the trial Court shall stand restored. 6. Stay applications also stand disposed of.Petitions disposed of. *******