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Rajasthan High Court · body

2020 DIGILAW 298 (RAJ)

Jitendra v. State

2020-01-30

VINIT KUMAR MATHUR

body2020
JUDGMENT 1. The matter comes upon applications seeking to overrule the defect pointed out by the office. 2. For the reasons mentioned in the applications, the same are allowed. The defect pointed out by the office is overruled. 3. With the consent of the parties, the bail application is taken up for hearing today itself. 4. The present bail applications have been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with Appeal No. 13/2018, 14/2018, 15/2018 and 16/2018 pending in the court of learned Additional Sessions Judge, Nathdwara, District Rajsamand against the conviction for the offence under Section 138 of the Negotiable Instruments Act awarded to the petitioner by the learned trial court. 5. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 6. It is submitted on behalf of the petitioner that the petitioner has preferred an appeal against his conviction for the offence under Section 138 of the Negotiable Instruments Act, which is pending before the learned appellate court below. The sentence awarded to him by the learned trial court was suspended by the learned appellate court. However, the petitioner failed to appear before the appellate Court on the date fixed due to some illness and therefore his bail bonds were forfeited and warrant of arrest was issued against him. Learned counsel further submits that the petitioner is ready to submit bail bonds and shall continue to appear before the court below on each and every date of hearing fixed by the learned court below and shall not jump the bail again. 7. Learned Public Prosecutor opposes the bail. 8. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail applications filed by the petitioner deserve to be accepted. 9. Consequently, the bail applications under Section 439 of Cr.P.C. are allowed. 7. Learned Public Prosecutor opposes the bail. 8. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail applications filed by the petitioner deserve to be accepted. 9. Consequently, the bail applications under Section 439 of Cr.P.C. are allowed. It is ordered that the accused-petitioner -Jitendra S/o Shantilal Chajer arrested in connection with Appeal No. 13/2018,14/2018,15/2018 and 16/2018 pending in the court of learned Additional Sessions Judge, Nathdwara, District Rajsamand shall be released on bail from the date of his release on bail and provided he furnishes a personal bond of Rs.50,000/-(Rupees: Fifty Thousand Only) each with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) each to the satisfaction of the 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.