Full Judgment
D.B.Criminal Misc.
Bail Appl.
No.1041/2014 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B.Criminal Misc.
Bail Appl.
No.1041/2014 IN D.B.Criminal Appeal No.112/1999 (Rakma vs State of Raj.) Date of Order :: 27.11.2014 HON'BLE Mr.JUSTICE GOPAL KRISHAN VYAS HON'BLE Mr.JUSTICE ATUL KUMAR JAIN Mr.Shambhoo Singh for the applicant.
Mr.J.P.S.Chaudhary, Public Prosecutor.
<><><> The instant application has been filed by the applicant under Section 390 Cr.P.C.to release him on bail.
In the trial conducted against him for offence under Section 302 IPC, the learned Additional Sessions Judge, SC/ST, Prevention of Atrocities, Pratapgarh, the applicant was acquitted from the charges leveled against him vide judgment dated 31.07.1998.
An appeal was preferred by the State of Rajasthan against the said judgment in which an order was passed by this Court on 30.08.1999 whereby the applicant was released on bail upon furnishing personal bond in the sum of Rs.20,000/- with two sureties in the sum of Rs.10,000/- each with certain conditions.
The order dated 30.08.1999 reads as under:- “In pursuance of the order of this Court dated 17.02.1999 the accused applicant was arrested on 29.07.1999.
While admitting the state appeal, a direction was given to the trial court for taking proceedings under Section 390 Cr.P.C.The bail application was made before the trial court and the same has been rejected by order dated 10.08.1999.
D.B.Criminal Misc.
Bail Appl.
No.1041/2014 2 Considering all the facts and circumstances of the case, it is directed that the respondent Rakama S/o Keshiya be released on furnishing personal bond in the sum of Rs.20,000/- and the two sureties of Rs.10,000/- each to the satisfaction of the Addl.
Sessions Judge, ST/SC, Pratapgarh incorporating in the bond the following conditions:- 1.
That he shall appear before this Court on 30.09.1999.
2.
That he will appear before the trial court in the fiRs.week of January and fiRs.week of June of every year till the appeal is decided.
3.
That if the respondent changes the place of residence, he will give in writing his changed address to the trial Court, High Court as well as to his counsel in High Court.
4.
Similarly, if the sureties change his/their address, he/they will give in writing his/their changed address to the trial court.
The learned trial court shall keep the record of attendance of the accused respondent in a separate file.
Such file be registered as criminal misc.
case related to the Sessions Case in which the accused respondent was tried and convicted.
A copy of this order shall also be placed in that file for ready reference.
Criminal Misc.
file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court.
In case the said accused respondent does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.”
.
Upon perusal of the above order, it is clear that the applicant was required to give attendance before the trial Court in every fiRs.week of January and June of every year till disposal of the appeal but vide communication dated 07.10.2014, it was informed by the Additional Sessions Judge, SC/ST, Prevention of Atrocities that applicant did not appear before the Court since January, 2013.
In pursuance of said communication, vide order dated 18.09.2014, an order was passed in D.B.Criminal Appeal No.112/1999 whereby the D.B.Criminal Misc.
Bail Appl.
No.1041/2014 3 trial court was directed to forfeit the bail bonds of the accused-applicant and to issue warrant of arrest.
The trial court in pursuance of the aforesaid order, issued warrant of arrest against the applicant Rakma Meena and the applicant was arrested by the police.
The learned counsel for the applicant submits that due to unavoidable reasons, the applicant did not appear before the Court, as ordered by this Court on relevant dates, therefore, he may be released on bail.
The applicant further undertakes that in future he will regularly attend the Court, as ordered by the Court vide order dated 30.08.1999.
In view of the above, the application of accused- applicant Rakma Meena S/o Shri Keshiya stands allowed and it is ordered upon depositing an amount of Rs.2,000/- in the trial Court, so also upon furnishing personal bond in the sum of Rs.20,000/- with two sureties in the sum of Rs.10,000/- each, as per the order 30.08.1998, the accused-applicant Rakma Meena S/o Shri Keshiya by caste Meena may be released.
The proceedings initiated under Section 446 Cr.P.C.shall be dropped by the trial Court thereafter.
(ATUL KUMAR JAIN).J.
(GOPAL KRISHAN VYAS),J.
sudhir