PUNJABHAI KALABHAI DABHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R. No. I - 116 of 1992 with City B Division Police Station, District Jamnagar, for the offences punishable under Sections 143 , 147 , 148 , 149 , 186 , 302 , 307 , 332 , 353 and 427 of the Indian Penal Code.

(2.) Learned advocate for the applicants would submit that earlier, the applicants came to be arrested in connection with the above offence and thereafter, vide order dated 12.3.1992, they were released on regular bail pending the trial. However, thereafter the applicants did not remain present during the trial and hence, the learned Sessions Court proceeded with trial of Sessions Case No.45 of 2011 qua other accused and vide judgment and order dated 3.2.2012, has acquitted all the other accused. He has placed on record certified copy of the said judgment on record. He would further submit that the applicants are residing in village and carrying out agricultural activities and labour work and they were not aware about the commencement of trial. Since the applicants did not remain present during trial, after the trial, Warrant under Section 70 came to be issued and thereafter, the applicants preferred an application to cancel the Warrant. The said application was rejected and the applicants were taken into custody. He would further submit that the applicants are ready and willing to abide by all the terms and conditions which may be imposed upon them and hence, considering the nature of offence, the applicants may be enlarged on regular bail by imposing suitable conditions.

(3.) On the other hand, learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence and submits that after longtime the applicants appear before the Sessions Court therefore the learned Sessions Court has rightly refused to cancel the warrant and ordered to arrest. Therefore, the surrendered. Therefore, the application be rejected, I am not inclined to entertain this application.