Bhawani Shankar Sharma v. Order

S.B. Criminal Miscellaneous Bail Application No. 1151/2021 Bhawani Shankar Sharma S/o Late Shri Radheshyam Sharma,R/o Plot No. 33 Income Tax Colony Tonk Road Jaipur Raj. (AtPresent Confined In Central Jail Jaipur) ----Petitioner Versus HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 04/03/2021 1.Petitioner has filed this bail application under Section439 of Cr.P.C. 2.F.I.R. No.42/2013 was registered at Police Station GandhiNagar, Jaipur for offence under Sections 341, 323, 143, 384 ofI.P.C. 3.It is contended by counsel for the petitioner that the allegedoffence, incident took place on January, 2012. FIR was lodged inJanuary, 2013. Main accused has been granted bail. Initially, policedid not file charge-sheet under Section 384 of IPC. However, Courthas taken cognizance under Section 384 of IPC. It is alsocontended that petitioner absconded from the Court on15.10.2018 and was arrested on 29.12.2020. Petitioner is incustody since then. It is also contended that petitioner appeared before the Court for almost four years. It is contended thatoffence is triable by First Class Magistrate. 4.Learned Public Prosecutor and counsel for the complainanthave opposed the bail application. It is contended that petitionerabsconded from the Court and remained absconding for a periodof more than two years. Trial has delayed on account ofpetitioner’s absence. It is also contended that petitioner hascriminal antecedents. 5.I have considered the contentions. 6.Considering the contentions put forth by counsel for thepetitioner, I deem it proper to allow the bail application. petitioner, I deem it proper to allow the bail application. 7.This bail application is accordingly allowed and it is directedthat accused petitioner shall be released on bail provided hefurnishes a personal bond in the sum of Rs.1,00,000/- (RupeesOne Lac only) together with two sureties in the sum ofRs.50,000/- (Rupees Fifty Thousand only) each to the satisfactionof the learned trial court with the stipulation that he shall appearbefore that Court and any court to which the matter is transferred,on all subsequent dates of hearing and as and when called upon todo so. (PANKAJ BHANDARI),J