PANCHU RAM JAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard. The applicant, who is facing trial for the offences punishable under Sections 147, 447, 341 and 435 I.P.C. was on bail, but during trial on 18.3.1993, he remained absent and as such his bail bonds were forfeited. A non-bailable warrant has been issued for his arrest by the trial Magistrate. The applicant, thereafter submitted an application under Sec. 438 Crimial P.C. before the learned Sessions Judge, Jaipur District, Jaipur, who by his order dated 17.2.1998 dismissed the same on the ground that the accused cannot be allowed to protract the trial at his sweet will.

(2.) Admittedly all the offences for which the applicant has been charged, are bailable. He is an old person and is reported to be a patient of high blood pressure and asthma. Co accused persons have also absconded. As such the trial of this case was protracted.

(3.) The learned counsel for applicant assured that in future the applicant shall be regularly attending the trial court. In such circumstances, in the interest of justice I feel that one more opportunity should be granted to the applicant to remain on bail.