S.B.CR. MISC. BAIL APPLICATION NO.7727/2008 LAKHAN VS. STATE OF RAJ. 17.10.2008 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. DS Jhala, for the petitioner. Mr. Jinendra Jain, Public Prosecutor for the State. This bail petition has been filed on behalf of the accused petitioner Lakhan under Section 439 of Cr.P.C. seeking indulgence of bail. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record. Having considered the submissions made the bar and scanned the bail order dated September 5, 2008 rendered by Additional Sessions Judge (Fast Track) Jhalawar, it is noticed that the accused has been facing trial in the offences under Sections 147, 148, 149, 307/149 IPC and 3/25 of Arms Act. It is further noticed that the learned counsel for the petitioner has argued on the merits of the case but has not assigned any reason with regard to his absence during trial on numerous occasions. It is also noticed that prior to 2nd February, 2008, the accused evaded trial on 18th December, 2006 and the bail bonds were forfeited. The trial Court endeavoured to procure the appearance of the accused through warrant of 2 arrest but on account of non-execution of warrant of arrest, he was declared absconding on 9th January, 2007. One more fact emerging from the material is that the case of co-accused persons Jagdish and Chandan has been decided by the Court on 8th April, 2008. The petitioner remained absent prior to that on 2nd February, 2008 and he was again declared absconding on 29th February, 2008. In a short period of two years the accused has been declared absconding twice by the Court which establishes that he has been through-out callus in attending the trial and misused of the right of bail granted to him by the Court from time to time. The learned trial Court has rightly dismissed his bail petition order dated 5th September, 2008. On the same analogy, I also do not feel inclined to grant bail to the petitioner and his bail petition deserves to be dismissed. In the result, the bail petition filed under Section 439 of Cr.P.C on behalf of the petitioner Lakhan S/o Mangi Lal, r/o Harigarh, P.S.Khanpur District Jhalawar stands dismissed. However, learned trial Court is directed to expedite the trial of the accused as he has been incarceration. (MAHESH BHAGWATI)J.