NIRBHAY SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard. Perused the relevant record. The petitioner was facing trial before the learned Special Judge (Dacoity Affected Area), Dholpur for the offences under section 399 & 402 Penal Code and Under section 3/25 of the Arms Act along with co-accused persons and was granted bail on 9.1.91. However, on 5.1.95 when the case was fixed for recording the prosecution evidence. The petitioner and co-accused Kedar remained absent and as such their bail bonds were forfeited and proceedings Under section 446 were initiated. Arrest warrants were issued from time to time and ultimately on 19.1.98 he was arrested and produced before the trial court.

(2.) It was contended by the learned counsel for the petitioner that since the petitioner suffered mental imbalance. He was taken to various temples including that of Mehandipur Balaji and as such he could not attend the court. The learned Trial Judge however rejected the petitioner's bail application.

(3.) Mr. Hemant Singh has submitted that the petitioner shall now attend the court regularly and since the petitioner suffered mental imbalance. He could not attend the court on the fixed date. It is true that due to his negligence, the trial of the case has been unnecessarily delayed. However, the petitioner is in judicial lock-up for the last more that one and half months the trial of this case is likely to take considerable time.