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Mahaveer S/O Sooraj Mal B/C Bairwa vs State Of Rajasthan on 28 April, 2020


S.B. Criminal Miscellaneous Bail Application No. 2550/2020

Mahaveer S/o Sooraj Mal, R/o Inderpuriya At Present R/o
Sultanpur Ps Sultanpur Dist. Kota Raj. (At Present In Dist. Jail
State Of Rajasthan, Through Pp

For Petitioner(s) : Mr. Santosh Kumar Jain (through
video call)
For Respondent(s) : Mr. Atul Sharma, PP




1. Petitioner has filed this bail application under Section

439 of Cr.P.C.

2. F.I.R. No. 406/1999 was registered at Police Station Keshorai

Patan, District-Bundi for offence under Section 406 IPC.

3. It is contended by counsel for the petitioner that trial is

proceeding under Section 406 IPC against the accused-petitioner.

The matter is triable by Magistrate. His absence in the trial court

was not willingly and he had gone out for employment reasons.

The fine under Section 446 Cr.P.C. imposed upon accused-

petitioner by the trial court has already been deposited in the trial

court. He is in judicial custody since 10.01.2020. Trial of the case

will take long time, hence he may be allowed one more

opportunity and it has also been assured on behalf of the accused-

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(2 of 2) [CRLMB-2550/2020]

petitioner that in future he will not remain absent and appear on

each and every date of hearing. It has also been submitted that

there is dispute of Rs.11,000/- only which is very small amount.

4. Learned Public Prosecutor has opposed the bail application.

5. I have considered the rival contentions.

6. Considering the arguments of both the parties and looking to

the facts and circumstances of the case, this bail application

deserves to be accepted subject to condition that the accused-

petitioner will appear in trial court on each and every date of

hearing and will not cause any obstruction to the smooth conduct

of trial.

7. This bail application is accordingly allowed and it is directed

that accused petitioner Mahaveer S/o Sooraj Mal in FIR No.

406/1999 shall be released on bail provided he furnishes a

personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand

only) together with two sureties in the sum of Rs.25,000/-

(Rupees Twenty Five Thousand only) each to the satisfaction of

the learned trial court with the stipulation that he shall appear

before that Court and any court to which the matter is transferred,

on all subsequent dates of hearing and as and when called upon to

do so.


Sunita Kanwar /7

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