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Judgment
Sandeep Mehta, J.—Heard learned Counsel for the Applicant and the learned Public Prosecutor.
The Applicant is facing trial for the offence u/s 379 of IPC. He is alleged to have jumped bail on five occasions. Learned Counsel for the Applicant submits on the last occasion when the Applicant jumped the bail, he had met with an accident in which he received burn injury on his body while working in a factory. Learned Counsel for the Applicant also submits that he is facing another trial in connection with FIR No. 345/2000, and in the trial of that FIR, the Applicant jumped bail on the same number of occasions but in the said case, the Applicant has been directed to be released on bail by a Coordinate Bench of this Court vide order date 25.05.2011 in S.B. Criminal Misc. Bail application No. 3491/2011 Mahendra v. State.
Learned Public Prosecutor does not dispute the aforesaid situation.
Looking to this fact that in a case, which is of similar nature and with similar allegations of misusing the liberty of bail on numerous occasions, the Applicant has been directed to be released on bail by a Coordinate Bench of this Court, this Court is inclined to release the Applicant on bail u/s 439 Code of Criminal Procedure.
Accordingly, the bail application is allowed, it is directed that Applicant Mahendra S/o Kamal, shall be released on bail in CR No. 39/2002 at P.S. Pratap Nagar, District Jodhpur provided he executes a personal bond for a sum of Rs. 30,000/- along with two sound and solvent sureties in the sum of Rs. 15,000/- 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.
