Bail application filed under Section 439 Cr.P.C. dismissed as petitioners were absconding for a long period, trial could not commence, and main accused had been acquitted.
Bail application of accused-petitioners stands dismissed.
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[2024:RJ-JP:12432]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 2271/2024
----Petitioners
Versus
The State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. |
Javed Mohammed Khan |
|---|---|---|
| For Respondent(s) | : Mr. |
Mangal Singh Saini, PP |
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
12/03/2024
[2024:RJ-JP:12432]
[CRLMB-2271/2024]
(2 of 2)
accused-petitioners are in custody since long time and trial of the case may take considerable time, therefore, the bail application of the accused-petitioners may be allowed.
Learned Public Prosecutor has vehemently opposed the bail application and submitted the factual report. The same is taken on record.
The factual report shows that against the main accused charge-sheet was submitted in the year 2013 and thereafter, matter was kept pending for investigation under Section 173(8) of Cr.P.C. The factual report also shows that after several attempts, accused-petitioners could not be arrested in the said case and police obtained standing warrants against the accused-petitioners on 25.11.2017 and thereafter, they were declared absconded. Charge-sheet was submitted before the learned trial Court under Section 299 Cr.P.C. on 13.12.2017. Considering the fact that accused-petitioners remained absconded for a long period and trial could not be commenced, therefore, I am not inclined to enlarge the accused-petitioners on bail.
Accordingly, the bail application of accused-petitioners stands dismissed.
(PRAVEER BHATNAGAR),J
Brijesh/55
1 issue framed by the court
Whether bail should be granted when the petitioners have been absconding for a long period and trial could not commence.
4 provisions across 2 enactments
Khursheed S/o Nanhe Khan
Sharif @ Safi S/o Nanhe Khan
State Of Rajasthan
Praveer Bhatnagar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
