POKHAR RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE main reason for rejecting the bail application of the petitioner by the learned Sessions Judge was his remaining absent for a long period. True it is that the petitioner has jumped the bail in the year 1979 and then twice in the year 1983 subsequent thereto he remained absent and was arrested on 13. 7. 88.

(2.) THE occurrence relates to the year 1979. As is evident from the order of the learned Sessions Judge, trial could not be proceeded because the co-accused were absconding. THE reason given by the petitioner for his remaining absent for the last so many years is his going out for earning livelihood. A person who abused the liberty granted by the Court is not entitled to any indulgence but in the peculiar circumstances of the present case when the explanation given by the petitioner for remaining absent after 1983 is plausible and in the absence of co-accused trial would not progress, it is considered proper to release the petitioner on bail especially when the nature is favourable to the peasants on account of rain and the petitioner will get the opportunity to cultivate his fields. THE application is allowed and it is ordered that petitioner Pokhar Ram may be released on bail on his furnishing personal bond for an amount of Rs. 6,000/-with two sureties of Rs. 3,000/- to the satisfaction of A. C. J. M. No. 3, Jodhpur to remain present during the course of trial whenever, and called upon to do so. .