LAXMINARAYAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition is directed against the order dated 13.6.2013 passed by the learned Additional Sessions Judge No.4, Jodhpur Metro in Appeal No.13/2013, whereby the application filed by the petitioner under Section 439 read with Section 389 Cr.P.C. was rejected.

(2.) The petitioner on having been convicted by the learned Judicial Magistrate filed an appeal in the court of Sessions Judge, Jodhpur Metro. The learned Sessions Judge, Jodhpur Metro suspended the sentences awarded to the petitioner by order dated 5.2.2011. The petitioner was required to appear before the appellate court on the subsequent dates but he failed to appear on which the proceedings under Section 446 Cr.P.C. were opened against him after forfeiting the bail bonds by order dated 20.4.2012. It appears that the petitioner went underground and thereafter was arrested in another case being FIR No.126/2009 of the Police Station Chopasani Housing Board. He was summoned by the learned appellate court through a production warrant upon information given by his counsel. Thereafter, an application under Section 439/389 Cr.P.C. was moved on his behalf, which was rejected by the appellate court.

(3.) Learned counsel for the petitioner submits that the petitioner undertakes not to misuse the liberty of bail if he is given one more opportunity to pursue his appeal while being on bail.