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2019 DIGILAW 1205 (RAJ)

Kunal Bhatia v. State of Rajasthan, Through PP

2019-04-23

MANOJ KUMAR GARG

body2019
JUDGMENT 1. The instant revision petition has been filed by the petitioner against the order dated 08.04.2019, passed by the learned Additional Sessions Judge No. 1, Sri Ganganagar whereby the learned Judge dismissed the bail application of the petitioner filed under Section 439/389 Cr.P.C. 2. Counsel for the petitioner submits that against his conviction the petitioner preferred an appeal before the appellate court which is still pending for consideration. Since the petitioner was not appeared on the given date before the appellate court, therefore his bail bonds were forfeited and arrest warrant was issued against him. In pursuance of the arrest warrant the petitioner is now in judicial lock-up. Counsel assures this Court that the petitioner will regularly appear before the appellate court in future. In such circumstances, the order dated 08.04.2019 may kindly be set aside and the petitioner may be released on bail. 3. Learned Public Prosecutor opposed the prayer made by the counsel for the petitioner and prayed for dismissal of the revision petition. 4. Having regard to the arguments advanced by the counsel for the parties and having regard to the totality of the facts and circumstances of the case, this revision petition is allowed and the order dated 08.04.2019 passed by the Additional Session Judge No. 1, Sri Ganganagar declining bail to the petitioner is hereby set aside. 5. It is ordered that the accused-petitioner Kunal Bhatia S/o Shri Surendra Kumar shall be released on bail, upon furnishing a personal bond in the sum of Rs. 1,00,000/- along with a surety in the like amount to the satisfaction of learned Additional Session Judge No. 1, Sri Ganganagar; with the stipulation that on all subsequent dates of hearing, he shall appear before the said court or any other court, during pendency of the appeal.