BADRI AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This bail application under Sec. 439 Cr.PC. has been filed on behalf of petitioners Badri and Jagdish against whom charge-sheet has been filed for the offences under Sections 147, 148, 149, 308, 325, 326, 323, 324 Penal Code in absentia under Sec. 299 Cr.PC. showing them absconders. After their arrest on 20.10.2004, they applied for bail, which was declined by the concerned Magistrate as well as learned Sessions Judge on the ground that they remained absconding for about 14 years.

(2.) Their learned counsel has contended that they did not know about the pendency of the case against them, which fact stands borne out from the record sent from the concerned court for perusal. The co-accused have been acquitted.

(3.) Learned Public Prosecutor has opposed the bail application but could not controvert the above fact.