Research › Search › Judgment

Rajasthan High Court · body

2025 DIGILAW 409 (RAJ)

Bhanwar Singh Bhanwar Lal v. State

2025-02-18

MANOJ KUMAR GARG

body2025
ORDER : (MANOJ KUMAR GARG, J.) An application under Section 372 R/w 483 BNSS for releasing the appellant has been filed by the counsel in which it has been mentioned that earlier this Court while suspending the sentence, granted bail to the appellant in S.B. Criminal Misc. Application (SOS) No.20/2017 vide order dated 10.01.2017 and as per condition No.1 imposed by this Court, the appellant is directed to appear before the trial Court in the month of January of every year till the decision of the appeal. 2. A letter has been received from the concerned trial Court informing that the appellant has failed to appear before the trial Court since January, 2021, and in pursuance of this, the arrest warrant has been issued against the appellant Bhanwar Singh @ Bhanwar Lal by this Court vide orders dated 13.12.2023 and 05.12.2024. In pursuance of the arrest warrant, the applicant was arrested by the Police and produced before this Court today. 3. Counsel for the applicant/appellant submits that the appellant is suffering from paralysis, due to which he could not appear before the trial Court on the given date. Counsel further submits that the appellant is likely to be acquitted in this case whereas, the hearing of the appeal is likely to take a considerable time, therefore, he may be enlarged on bail. 4. Learned Public Prosecutor has opposed the application. 5. In view of submissions made and taking into consideration the facts and circumstances of the case, I deem it appropriate to enlarge the appellant on bail. 6. Accordingly, the application filed under Sec.372 read with Section 483 BNSS is allowed and it is directed that applicant- appellant Bhanwar Singh @ Bhanwar Lal S/o Dulle Singh @ Dulle Lal be released on bail provided he executes a personal bond in a sum of Rs.50,000/- to the satisfaction of the Registrar (Judl.) Rajasthan High Court, Jodhpur. 7. An another application has been filed by the appellant for exempting his personal appearance before the trial Court in the month of January of every year. 8. Learned counsel for the appellant/applicant submits that the appellant is suffering from paralysis and due to which he is unable to walk, therefore, his appearance before the trial Court in the month of January of every year may kindly be exempted. 9. 8. Learned counsel for the appellant/applicant submits that the appellant is suffering from paralysis and due to which he is unable to walk, therefore, his appearance before the trial Court in the month of January of every year may kindly be exempted. 9. I have considered the arguments advanced before me and carefully gone through the material available on record. 10. Since the appellant is suffering from paralysis and it is very difficult for him to appear before the trial Court in the month of January of every year, therefore, the non appearance of the appellant before the trial Court in the year 2021 to 2025, are hereby exempted and looking to the condition of the appellant, I deem it appropriate to modify the condition No.1 imposed in the order dated 10.01.2017 passed by this Court in S.B. Criminal Misc. Application (SOS) No.20/2017, to the extent that now the appellant Bhanwar Singh @ Bhanwar Lal will appear before the trial Court in the month of January in every two years instead of every year, till final disposal of the appeal. 11. With the above directions both the applications are disposed of.