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2016 DIGILAW 1664 (RAJ)

Deewan Chand S/o Khajan Chand~ v. State of Rajasthan

2016-11-18

VIJAY BISHNOI

body2016
ORDER : Vijay Bishnoi, J. 1. Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record. 2. The petitioner has been arrested in Complaint Case No. 149/2013 for the offence punishable under Section 138 of Negotiable Instruments Act. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that the petitioner is facing proceeding under Section 138 of Negotiable Instruments Act and on one date i.e. 16.8.2016 he failed to appear before the trial court for some reasons. However, later on 5.11.2016 the petitioner himself appeared before the court. It is contended that the proceedings against the petitioner under Section 138 of Negotiable Instruments Act are pending since 2013 and the petitioner remained present before the Court on each and every date except few dates, for which proper application was filed for exempting his appearance, however, on 16.8.2016 he remained absent because he was not informed about the said date by the counsel. 4. Learned counsel for the petitioner further, submitted that he shall file an undertaking before the trial court that he will not remain absent in future without any reasonable cause Learned Public Prosecutor has opposed the bail application. 5. Having considered the facts and circumstances of the case, particularly the fact that proceedings under Section 138 of Negotiable Instruments Act are pending against the petitioner and he remained absent before the trial court only on one date, I am inclined to grant this bail application, subject to condition that petitioner shall furnish and undertaking before the trial court that he will remain present on all future dates except for some reasonable cause. 6. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed subject to the condition that the petitioner shall furnish an undertaking the effect that he will remain present on every date before the trial court and will not remain absent without any reasonable cause. 6. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed subject to the condition that the petitioner shall furnish an undertaking the effect that he will remain present on every date before the trial court and will not remain absent without any reasonable cause. It is further directed that petitioner Deewan Chand S/o Khajan Chand shall be released on bail in connection with Complaint Case No. 149/2013 provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.