// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Cr. Misc. Bail Application No.3276/2009 {Simerpal Singh Versus The State of Rajasthan} Date of Order ::: 15th July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri Niranjan Singh, counsel for the petitioner Shri Anil Joshi, PP for the State of Rajasthan #### By the Court: Heard learned counsel for the petitioner(s) as well as learned Public Prosecutor and perused the relevant material made available to me during the arguments of the case. It is contended on behalf of the petitioner that on 2nd June, 2009, the date was fixed in the case. As there was morning courts commencing from 7.00 AM and petitioner was not aware about it, therefore, he could not reach in time and when he reached in the court, then he was told that his bail bonds have been forfeited and warrant of arrest has been issued against him. Thereafter he was taken in custody. His counsel moved an application for bail, but the same was rejected. Thereafter an // 2 // application was moved before Additional Sessions Judge for bail under Section 439 Cr.P.C., but the same was also rejected vide order dated 3rd June, 2009. Although it has been mentioned in the order of Additional Sessions Judge that petitioner's bail bonds were forfeited earlier twice, but so far as latest date is concerned, it appears that on the same day i.e. 2nd June, 2009 the petitioner surrendered himself in the concerned court, but he was declined bail. Now he is in custody since then. After considering the submissions of learned counsel for the parties, examining the record and the facts and circumstances of the case, but without expressing any opinion on its merits and demerits, I think it fit and proper to allow this application under Section 439, Cr.P.C. Hence, it is directed that accused- petitioner Simerpal Singh S/o Shri Amarjeet Singh be released on bail under Section 439 Cr.P.C. in F.I.R. No. 137/2006, Police Station Kotwali, Sri Ganganagar registered under Section (s) 341, 323, 314, 148, 149 IPC, provided he furnishes a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) together with two sureties of Rs. 25,000/- (Rupees Twenty Five Thousand) each to the satisfaction of the // 3 // trial court for his appearance before that Court on all subsequent dates of hearing and as and when called upon to do so. (NARENDRA KUMAR JAIN), J. //DK//