Sanjay Alias Bablu Alias Keja Vs. State of Gujarat - Court Judgment

Excerpt:
- [k.t. thomas and; r.p. sethi, jj.] - indian penal code, (ipc) 1860 - sections 307, 393, 392, 120-b; arms act - section 25 -- the offences charged against him are under sections 307, 393, 392 read with section 120-b ipc besides section 25 of the arms act. for ensuring his participation in the trial court some conditions can be imposed. without conforming to this condition if he is absenting himself on any posting date it is open to the trial court to cancel the bail granted to him.k.t. thomas and; r.p. sethi, jj.heard.leave granted.the only objection for granting bail to the appellant is that since he is hailing from allahabad he is likely to abscond from the court in gujarat. for allaying the said apprehension alone it is not proper to keep the appellant in jail if otherwise he is entitled to bail. the offences charged against him are under sections 307, 393, 392 read with section 120-b ipc besides section 25 of the arms act. he was arrested on 24-8-1998 and he is continuing in jail. we do not find any reason to keep him as an undertrial prisoner for a further period. for ensuring his participation in the trial court some conditions can be imposed.we, therefore, order the appellant to be released on bail on his executing a bond in a sum of rs. 25, 000 with two solvent sureties to the satisfaction of the trial judge. he is directed to abide by the condition that if he is unable to be present in the trial court on any day an application on his behalf shall be filed by a counsel who should be present in the court. in the application he must state unconditionally that he will not dispute his identity as an accused in the case and that he has no objection for the trial to proceed even in his absence. without conforming to this condition if he is absenting himself on any posting date it is open to the trial court to cancel the bail granted to him. this appeal is disposed of accordingly.