1 S.B.Cr.Misc. Bail App. No.832/2008 (Sawata Ram Vs. State of Rajasthan) DATE OF ORDER : February 26, 2008 HON'BLE MR.H.R.PANWAR,J. Mr.Vijay Purohit, for the petitioner. Mr.J.P.S.Choudhary, Public Prosecutor. Heard learned counsel for the petitioner and the Public Prosecutor for the State. Perused the order impugned. From perusal of the impugned order, it appears that petitioner has been declared absconder. Challan under section 299 Cr.P.C has been filed against the petitioner. Learned counsel for the petitioner submits that petitioner will appear before the trial court and move a regular bail. In Jagtar Singh Vs.Satendra Kaur alias Bhavana Grover & Ors., 2002 Cr.L.R. (SC) 807, the Hon'ble Supreme Court has held that when the accused is declared absconder, normally he is not entitled for anticipatory bail or regular bail. Having considered the totality of facts and circumstances of the case I do not think it a fit case to grant 2 anticipatory bail to the petitioner. Accordingly, the bail application filed by petitioner under Sec. 438 Cr.P.C seeking anticipatory bail is dismissed. However, the petitioner may surrender before the trial court and move a regular bail. If the petitioner surrenders and moves a regular bail, the trial court shall consider and decide the same on the very day. (H.R.PANWAR),J. m.asif/-