RAKESH KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner is an accused in the case registered under Sections 457, 380 and 411 of the Indian Penal Code.

(2.) IT has been submitted by learned Counsel for the petitioner that earlier, considering the merit of the case, the petitioner was granted bail, but he could not appear before the Court below, as he had gone out for earning his livelihood; he was thus apprehended and sent to jail; he was again granted bail, but again he could not appear in the Court below on the date fixed and his bail bond was cancelled, it has been submitted that there was no wilful absence and the petitioner could not appear before the Court below under the compelling circumstance. Subsequently, the petitioner was granted bail but due to absence of one day's, he was against apprehended and sent to jail on 16th October, 2007, and since that he has been languishing in jail custody. It has been submitted that the petitioner has never misused the privilege of bail willfully, rather under the compelling circumstance, he could not appear in the Court below. The petitioner has also stated that he is ready to abide by any terms and conditions imposed by this Court in granting bail this time.