GAJANAND Vs. STATE OF RAJ.

JUDGEMENT

(1.) Heard learned counsel for the parties. In a case pending in the court of Chief judicial Magistrate, Baran, the accused petitioner who was on bail, did not appear before that court on 17.8.78 and also on subsequent dates. He has been arrested on 28.3.89 and he was produced before the learned trial court, where a bail application has been filed and the same was dismissed on the ground that the accused-petitioner absconded and did not appear in the court for about 101/2 years. It has been contended by the learned counsel that the petitioner is a poor Labourer and is only the earning member in his family. Petitioner had gone to Chapa (M. P.) in order to earn his livelihood and while working at Chapa he was unable to find out the date in the case which was pending against him. Because of his financial difficulties he did not come to his village and that was the reason that he did not appear before the trial court.

(2.) In view of the fact that at the time when the accused has absconded only the charge has been framed against him and the evidence is yet to be recorded in this case which will take long time. Moreover, the offence alleged is of petty nature and the co-accused has already been acquitted by the learned trial court. In these circumstances, if the accused petitioner is kept in the Judl. custody, his family will face a lot of hardship because there is none to support his family.

(3.) There is no other case pending against the accused petitioner. Under these circumstances I feel it justified that the accused petitioner may be given one more chance in order to face the trial and he can be released on bail after taking heavy bail bonds. This bail application is, therefore, allowed. The accused petitioner Gajanand son of Shri Kanhaiya Lal may be released on bail in case he furnishes a personal bond in the sum of Rs. 20,000.00 (Rupees twenty thousand only) with four sureties in the amount of Rs. 5,000.00 each to the satisfaction of the learned trial court with this condition to appear before that court as and when called upon to do so. Application allowed.