M.Cr.C. No.7130/2010
4.8.2010
Shri N.K. Jain, counsel for the applicant.
Shri S. K. Kashyap, Public Prosecutor for the
respondent/State.
Heard on IA. No.12303/2010, an application for
urgent hearing.
Learned Public Prosecutor informs that case diary is
not available.
Learned counsel for the applicant submits that this
is a case of bail jumped and therefore, case diary is not
required.
IA. No. 12303/2010 is allowed.
Heard both the parties.
Papers available on record are perused.
Applicant is in custody since 18.1.2010 in ST.
No.71/2008 pending before First Additional Sessions
Judge, Shahdol regarding Crime No.13/2008 registered at
Police Station G.R.P, District Shahdol for offences
punishable under Sections 328, 379 of I.P.C.
Learned counsel for the applicant submits that the
applicant was on bail vide order dated 5.12.2008 of this
Court. On 13.1.2009 an arrest warrant was issued
against him. He could not appear due to ill health. At
present he is in custody since 18.1.2010. He further
submits that the applicant is ready to deposit a cash
security of Rs.30,000/- (Rupees thirty thousand) before
the trial Court and therefore, he prays for bail.
Learned Panel Lawyer opposes the bail application.
He submits that the applicant did not attend the
Court in the period from 9.1.2009 to 19.11.2009. He
could be arrested on 18.1.2010 with an arrest warant and
if he is enlarged on bail he will escape from the Court.
After hearing aforesaid arguments, without
expressing any view on the merits of the case, I am of
the opinion that one more opportunity of bail can be
given to the applicant with some difficult conditions.
Therefore, application of the applicant Gopal Sahu
under Section 439 Cr.P.C. in aforesaid case is hereby
allowed. He be released on bail on furnishing of a bond
in sum of Rs.30,000/- (Rupees thirty thousand) with one
surety bond of the same amount and one cash security of
Rs.30,000/- (Rupees thirty thousand) to the satisfaction
of the trial Court to appear before the trial Court on the
dates given by the concerned Court.
Certified copy if applied.
(N.K. Gupta)
Judge
bina