KALU SINGH @ PREM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This bail application under section 439 Cr.RC. has been filed on behalf of petitioner Kalu Singh @ Prem Singh against whom trial is pending for the offences under sections 147, 148, 149, 448, 336, 323 Penal Code before the Civil Judge (Junior Division) cum-Magistrate 1st Class. Kumbhalgarh in Regular Cr. case No. 235/98 wherein the petitioner jumped bail on 4.1.99 and his presence could be secured only through standing warrant of arrest on 1.4.2002 i.e. after three years and the learned trial court as well as the learned Sessions Judge has refused his bail application on this ground observing that as a result of his such conduct the case has become very old.

(2.) Having heard learned counsel for the petitioner and learned public prosecutor on behalf of the State and looking to all the facts and circumstances of the case as also the nature of offences, I deem it just and proper to give his one more opportunity of being released on bail.

(3.) In the result, the bail application under Sec. 439 Crimial P.C. is allowed and it is directed that petitioner Kalu Singh @ Prem Singh be released on bail on his furnishing a personal bond in the sum of Rs.30,000.00 with two sureties each in the sum of Rs. 15,000.00 to the satisfaction of the learned trial Court for his appearance on each and every date of hearing before that court until conclusion of the trial with a further stipulation that the petitioner shall not be absent from Court in future without prior permission of the court and without just cause failing which his bail order shall be liable to be cancelled. Bail application allowed.