VIJAY PAL Vs. STATE OF RAJASTHAN & ANOTHER

JUDGEMENT

(1.) Instant misc. petition under Section 482 Cr.P.C. has been filed by the accused-petitioner with the following prayer:

(2.) The concise facts of the case are that on 13.05.2010, an FIR No. 148/2010 was registered by the complainant Ghuran Singh @ Ghure at Police Station Kumher showing the date of incident as 09.05.2010 at 1.30 A.M. mentioning therein inter alia that when in the night his son Ravindra Kumar and Krishnaveer were sleeping with him in Nohara, then he heard the noise of some dogs who were barking and thereafter, he lighted the torch and then saw Vijay Pal S/o. Man Singh; Sahab Singh S/o. Champa Lal; Meghshyam S/o. Champa Lal coming there. When he objected then the petitioner-accused through one hand grenade(Hathgola) on his chest and noise came and he received injuries towards his left side on the chest. Second hand grenade(Hathgola) was thrown by Sahab Singh which hit on his left hand. Third hand grenade(Hathgola) was thrown by Meghshyam. Thereafter all the three accused-persons ran away from there. The investigation in the matter started and after investigation, charge sheet was filed against accused Sahab Singh and Meghshyam and the case was committed to the Court of Sessions. Additional District and Sessions Judge, No. 4, Bharatpur(hereinafter referred to as 'the Trial Court') framed charges against the accused-persons. Prosecution examined as many as eight witnesses. At that stage, an application under Section 319 Cr.P.C. was filed by the complainant Ghuran Singh @ Ghure for summoning the present petitioner Vijay Pal as additional accused. Learned Trial Court after hearing the arguments, allowed the application vide order dated 04.02.2013 and the petitioner was ordered to be added as an additional accused and summoned through bailable warrant. Being aggrieved by the order dated 04.03.2013 passed by learned Trial Court, the accused-petitioner preferred revision petition, i.e. S.B. Criminal Revision Petition No. 189/2013(Vijaypal Vs. The State of Rajasthan & Another) under Section 397 read with Section 401 Cr.P.C. before this Court and the same was dismissed by this Court vide order dated 31.05.2013. Thereafter having the apprehension of arrest, the petitioner moved bail application under Section 438 Cr.P.C. before the learned Trial Court which was rejected vide order dated 25.07.2013. Thereafter, the learned Trial Court passed order dated 25.07.2013, whereby the accused-petitioner has been declared absconder and proceedings under Section 82 Cr.P.C. have been initiated against him and standing warrant has been ordered to be issued against the petitioner. Feeling aggrieved by the order dated 25.07.2013, the petitioner has filed this misc. petition under Section 482 Cr.P.C. with the prayer, as mentioned hereinabove.

(3.) Heard learned counsel for the accused-petitioner as well as learned Public Prosecutor appearing on behalf of the Respondent No. 1-State and perused the impugned order dated 25.07.2013 passed by the learned Trial Court as well as the record.