Munna Lal Vs. State of Rajasthan

penal code - section 279 and criminal procedure code--section 439--bail--accused absconding for 8 years--offence punishable with sentence for 6 months--held, accused be given one more opportunity and released on bail.;bail granted - - 1. heard learned counsel for the accused petitioner as well as the learned public prosecutor.mahendra bhushan sharma, j.1. heard learned counsel for the accused petitioner as well as the learned public prosecutor. the accused remained absconding for about 8 years and it was only after the arrest warrant were issued he could be apprehended on 7th march, 1987 after absconding on 30 may, 1979. in the case of present nature when the accused has misused the bail generally the accused is not entitled to bail. but an offence is under section 279 ipc sentencing 6 months rule 1. or fine and generally a sentence of fine is inflicted wherein few exceptions depend upon the seriousness of the case. the accused is said to be suffering from tuberculosis and the marriage of his daughter is also going to take place. taking into consideration all the facts i am inclined to grant one more opportunity to the accused petitioner. i allow this application and direct that the accused petitioner shall be released on bail on his furnishing a personal bond in the sum of rs. 6,000/- with 2 sureties in the sum of rs. 3,000/- each of the satisfaction of the learned trial court undertaking to appear before that court or any other courts on all the dates of hearing as and when called upon to do so.