IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 6679/2009 Bhadur Singh @ Bhaya vs. State of Rajasthan Dated : 31.08.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Rizwan Ahmed, for the petitioner. Mr. G.S. Fauzdar, Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Mr. Rizwan Ahmed Advocate on behalf of the applicant Bhadur Singh @ Bhaya pertaining to F.I.R. No. 46/2005 of police station Transport Nagar, Jaipur, in the offences under Sections 4/25 of Arms Act. 2. Heard the learned counsel for the petitioner and learned Public Prosecutor appearing for the State and perused the material on record. 3. Learned counsel for the petitioner has canvassed that on account of his illness, he could not appear in the court on 2.5.2009 and could not inform his counsel also as a result of which his bail bonds were forfeited and he was ordered to be summoned through warrant of arrest. He may be granted one more opportunity to defend his case independently while remaining on bail. 4. Learned Public Prosecutor appearing for the State has opposed the bail petition. 5. Having considered the submissions made at the bar and scanned the relevant material available on record, it is noticed that the learned court dismissed the petition of the petitioner on the ground that earlier also on 28.8.2006, the petitioner absented and as a result of which his bail bonds were forfeited. Again, he remained absent on 2.5.2009, thus, he abused the liberty of bail. I, without expressing any opinion on the merits of the case, deem it just and proper to grant one more opportunity to defend his case independently while remaining on bail and his bail petition is oredered to be allowed. 6. It is, therefore, ordered that the accused petitioner Bhadul Singh @ Bhaya S/o. Bajrang Singh in F.I.R. No. 46/2005 of police station Transport Nagar, Jaipur, shall be released on bail on furnishing a personal bond of Rs.20,000/-together with two surety bonds each in the sum of Rs. 10,000/- to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded. 7. However, it is made clear that in case, the petitioner remains absent on any date of hearing, in future, in this case, the bail granted to him shall stand automatically cancelled without reference to this Court. A copy of this order be sent to the concerned court for information. (MAHESH BHAGWATI),J. Mak/- s-18