High CourtsSINGLE BENCH(2017) 05 RAJ CK 0035

Sunil Kumar S/o Krishna Mali vs The State of Rajasthan

Rajasthan High Court · Decided on 8 May 2017

HON’BLE JUDGES
Sandeep Mehta
CASE NUMBER
3954 of 2017

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Judgment

6 paragraphs · 291 words
1.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

2.

The instant bail application under Section 439 Cr.P.C. has been preferred on behalf of the petitioner who is in custody in connection with F.I.R. No.276/2004, registered at Police Station Sadar, District Sri Ganganagar for the offences under Sections 279, 337 and 338 IPC.

3.

The petitioner was facing trial in the Court below for the above offences which are bailable. He jumped bail on 12.9.2007 and was rearrested on 28.4.2017. An explanation has been furnished that the matter had been settled amicably between the parties and thus, the petitioner did not come to attend the Court in the bonafide belief that the case had ended.

4.

In this background and having regard to the facts and circumstances available on record but without expressing any opinion on merits of the case, this Court is of the opinion that the petitioner deserves to be granted one more opportunity to face trial while being on bail subject to condition that he shall henceforth, remain present on each and every date of hearing before the trial court.

5.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed subject to the condition noted above and it is directed that the petitioner Sunil Kumar arrested in connection with the F.I.R.

No.276/2004, registered at Police Station Sadar, District Sri Ganganagar shall be released on bail provided he furnishes a personal bond of Rs.80,000/- and two surety bonds of Rs.40,000/- each (out of which one shall be a local surety) 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.