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Judgment
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
The instant bail application under Section 439 Cr.P.C. has
been preferred on behalf of the petitioner who is in custody in
connection with FIR No.134/2003 registered at P.S. Aarksi Kendra
Chunawad, District Sri Ganganagar for the offences under
Sections 279, 337 and 304A IPC.
The petitioner was facing trial in the Court below for the
above offences which are bailable in nature. FIR was registered
way back in the year 2003. The petitioner appeared in the trial
Court for the first time on 20.8.2008. In 2013, he jumped bail and
had to be rearrested and was enlarged on bail. He jumped bail
again on 26.8.2016 whereupon his bail bonds were forfeited and
he has been re-arrested on 15.4.2017 since when he is in custody.
Learned counsel for the petitioner submits that if the
petitioner is granted one more opportunity to face trial while being
on bail, he will henceforth not misuse the liberty granted to him.
For this purpose, the petitioner is ready to abide by any condition
which may be imposed upon by this Court. He thus prays that the
petitioner deserves to be enlarged on bail.
Learned Public Prosecutor vehemently opposes the
submissions advanced by the petitioner''s counsel.
Having regard to the facts and circumstances of the case and
considering the fact that the petitioner is in custody for bailable
offences, this Court is of the opinion that he deserves one more
opportunity to face trial while being on bail subject to the
condition that he shall furnish one bail bond to the tune of Rs.2
lakhs and two sound and solvent sureties in the sum of Rs.1 lakh
each to the trial Court''s satisfaction with the undertaking that in
case, he again jumps bail, the entire amount of bail bonds shall
stand forfeited.
Accordingly, the instant bail application under Section 439
Cr.P.C. is allowed and it is directed that the petitioner Sevak Singh
arrested in connection with FIR No.134/2003 registered at P.S.
Aarksi Kendra Chunawad, District Sri Ganganagar shall be
released on bail subject to his furnishing an undertaking to the
above effect before the trial Court and further provided he
furnishes a personal bond of Rs.2,00,000/- and two sound and
solvent sureties of Rs.1,00,000/- each to the satisfaction of the
learned trial court with the stipulation to appear before that Court
on all dates of hearing and as and when called upon to do so.