1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 4700/2009 Babu & Anr. vs. State of Rajasthan Dated : 17.08.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Nawab Ali Khan on behalf of Mr. Kapil Gupta, for the petitioners. Mr. G.S. Fauzdar, Public Prosecutor. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Mr. Nawab Ali Khan Advocate on behalf of the applicants pertaining to F.I.R. No. 146/1993 of Police Station Kelwara, District Baran in the offences under Sections 302, 307 and 34 of IPC. 2. Heard the learned counsel for the petitioners as also the learned Public Prosecutor appearing for the State and perused the relevant material available on record. 3. Learned counsel for the petitioners has canvassed that they have been falsely implicated and after 16 years of the occurrence, they have been arrested in this case. Even in the charge- sheet, the address of the petitioner had not been correctly recorded. The petitioners are innocent, as such, they may also be granted indulgence of bail. 4. Learned Public Prosecutor has opposed the bail application. 5. Having considered the submissions made at the bar and scanned the relevant material on record including the bail order dated 20.05.2009 rendered by learned Sessions Judge, Baran, it is noticed that the occurrence of this case took place on 27.12.1993. After completion of 2 investigation, the police filed charge-sheet in the court on 28.05.1994 under Section 299 of Cr.P.C. as the petitioners were absconding. Before the court below, learned counsel for the petitioners raised this argument that on the date of occurrence, the petitioners were below the age of 18 years and they were juvenile but now the learned counsel has advanced before me this argument that even their name did not figure in the FIR and there is no evidence on record which could connect the involvement of the petitioner in the offence of murder. The argument does not appear to be appealing. By way of having absconding, the petitioners have hampered the trial of this case. They have been arrested after 16 years of the occurrence, hence, I, without expressing any opinion on the merit of the case do not deem it just and proper to grant any bail to the petitioners and the same deserves to be dismissed. 6. In the result, the bail petition filed under Section 439 of Cr.P.C. on behalf of the accused-petitioners stands dismissed. (MAHESH BHAGWATI)J. Mak/- 7