Suresh Singh S/o Shri Ganpat Singh v. State of Rajasthan Through Public Prosecutor
2017-11-01
P.K.LOHRA
body2017
DigiLaw.ai
ORDER : P.K LOHRA, J. 1. Petitioner has laid this bail application under Section 439 Cr.P.C for releasing him on bail in connection with Sessions Case No. 22/2006 pending before Additional Sessions Judge, Deedwana, District Nagaur, wherein he is facing trial for offence under Sections 212 & 216 IPC. 2. The genesis of the aforesaid Sessions Case is FIR No. 114/2006 registered at Police Station Deedwana, District Nagaur. It so happened that during trial, petitioner remained absent on 12.11.2014 and therefore, learned trial Court forfeited his bail bonds and initiated proceedings under Section 446 Cr.P.C Later on, petitioner was declared absconder on 21.11.2014 and standing warrants were issued against him. Subsequently, the petitioner was arrested on 30.08.2017 and produced before the learned trial Court. The petitioner moved bail application before the learned trial Court for releasing him on bail, however, his prayer was declined by the learned trial Court. 3. It is argued by learned counsel for the petitioner that the offence slapped against the petitioner is bailable and his absence during interregnum period from 12.11.2014 to 30.08.2017 was due to bona fide reasons and was not intentional. It is also argued by learned counsel that petitioner shall regularly attend the proceedings before the learned trial Court for facilitating completion of trial at the earliest. Learned counsel has further contended that in the backdrop of criminal delinquency at least some latitude be given to the petitioner by enlarging him on bail. 4. Learned Public Prosecutor has opposed the bail application. Having regard to the facts and circumstances of the case, I deem it just and appropriate to grant conditional bail to the petitioner. 5. Accordingly, the bail application under Section 439 Cr.P.C is allowed and it is ordered that accused-petitioner, Suresh Singh S/o Shri Ganpat Singh, arrested in connection with F.I.R No. 114/2006, Police Station Deedwana, District Nagaur, may be released on bail; provided he furnishes a personal bond of Rs. 50,000/- with two sureties of like amount to the satisfaction of learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so. 6. It is further ordered that petitioner shall make sincere endeavour to participate in the proceedings before learned trial Court regularly for facilitating completion of trial at the earliest.
6. It is further ordered that petitioner shall make sincere endeavour to participate in the proceedings before learned trial Court regularly for facilitating completion of trial at the earliest. In case, petitioner remains absent or prolongs the proceedings before learned trial Court then the State shall be at liberty to apply for cancellation of bail.