Hon'ble Justice P.K. Lohra dismissed the second bail application under Section 439 Cr.P.C. The petitioner had remained absconded for seven years during trial, preventing completion of the case. Since the trial was already completed by the learned Sessions Judge, bail was rejected.
Bail application rejected on the grounds of prolonged absence and completed trial.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. Bail No. 11587/2017
Kalyan Singh @ Arun Singh Son Of Bhagwan Singh, By Caste Rajput, Resident Of Rajmathai, Tehsil Pokaran, District Jaisalmer, Presently Resident Of Ramsagar, Kanodiya Mahasingh, Tehsil Shergarh, District Jodhpur. Lodged In Sub Jail, Bhinmal
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : None present. For Respondent(s) : Mr. K.V. Vyas, Public Prosecutor.
HON'BLE MR. JUSTICE P.K. LOHRA
Order
18/09/2018
Accused-petitioner has laid this second bail application under Section 439 Cr.P.C. arising out of FIR No.168/2007, registered at Police Station, Bhinmal, District Jalore, for offence under Sections 379 & 411 IPC.
Presently, trial is going on in Criminal Regular Case No.310/2017 before Judicial Magistrate, Bhinmal (for short, ‘learned trial Court’).
Upon perusal of the grounds set out in the bail application and considering a very vital fact that petitioner remained absconded for almost seven years during trial and thereby prolonged the trial, I feel disinclined to grant bail to him. It is also
(2 of 2)
[CRLMB-11587/2017]
evident from the order passed by learned Sessions Judge that trial has already completed in the matter.
In view thereof, this second bail application is hereby
rejected.
(P.K. LOHRA),J
Twinkle Singh/103
1 issue framed by the court
Whether bail should be granted to the accused-petitioner who remained absconded during trial and prolonged proceedings.
1 provisions across 1 enactments
Kalyan Singh @ Arun Singh
State Of Rajasthan
P.K. Lohra
As recorded by the court registry
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