HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
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
Bundi)
—-Petitioner
Versus
State Of Rajasthan, Through Pp
—-Respondent
For Petitioner(s) : Mr. Santosh Kumar Jain (through
video call)
For Respondent(s) : Mr. Atul Sharma, PP
HON’BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
28/04/2020
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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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.
(MANOJ KUMAR VYAS),J
Sunita Kanwar /7
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