1 S.B.Cr.Misc. II Bail App. No. 5537/2008 (Vinod & Ors. Vs. State of Rajasthan) Date of order : 26/11/2008 HON'BLE MR.H.R.PANWAR, J. Mr. M.K.Garg, for the petitioners. Mr. Ashok Upadhyay, Public Prosecutor. This is second bail application. Heard learned counsel for the petitioners and the Public Prosecutor for the State. Perused the material available on record. It is submitted by learned counsel for the petitioners that the petitioners were granted bail by the Court of Additional Sessions Judge, Banswara trying the Sessions case, however, the petitioners failed to appear before the trial court on 08.02.2005. Their bail bonds were forfeited and warrant of arrest was issued against them. In pursuance of the arrest warrant, the petitioners were arrested on 6.10.2006 and for last more than two years they are in custody. Learned counsel for the petitioners submits that henceforth the petitioners would continue to appear on each and every date fixed by the trial court if released on bail. The petitioners have already remained in custody from 6.10.2006 onwards up till date and prior to that, and the trial is likely to take long time. Having regard to the facts and circumstances of the case and keeping in view the fact that the petitioners were earlier granted bail, however, they misused the liberty of bail by remaining absent from Court and they have been arrested and are in custody for more than 2 two years, without commenting on the merit of the case, I think it just and proper to enlarge the accused petitioners on bail. Accordingly, this bail application filed under Sec. 439 Cr.P.C. is allowed and it is directed that petitioners Vinod S/o Paru, Amru @ Amar Singh S/o Binjia and Jogda S/o Madia, be released on bail in FIR No.262/02 P.S. Kushalgarh, district Banswara, provided each of them executes a personal bond for a sum of Rs. 1,00,000/- with two sound and solvent sureties in the sum of Rs. 50,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. (H.R.PANWAR), J. RP