(1.) Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. The instant bail application under Sec. 439 Cr.P.C. has been preferred on behalf of the petitioner who is in custody in connection with F.I.R. No.158/2016 registered at Police Station Bhopalgarh, District Jodhpur for the offences under Ss. 395, 397, 399, 458 and 120B IPC.
(2.) Though the petitioner jumped bail way back on 26/9/2017 while facing trial. However, on issuance of warrant of arrest, he himself surrendered before the competent criminal court on 27/3/2018 and was sent to judicial custody. Thereafter, the petitioner again did not attend the court on 1/9/2021 and therefore, warrant of arrest has been issued against him. He was arrested by the police and was presented before the competent criminal court on 28/8/2023 whereafter, the petitioner was sent to judicial custody.
(3.) Learned counsel for the petitioner submitted that the petitioner could not appear before the learned trial court for marking his attendance for the reason that he is an illiterate person and could not inform his counsel that he went out of station for earning his livelihood.