1 (1)S.B.CRIMINAL MISC. BAIL APPLICATION NO.4952/2009 Swaroop Ram Vs. The State of Rajasthan (2)S.B.CRIMINAL MISC. BAIL APPLICATION NO.4953/2009 Swaroop Ram Vs. The State of Rajasthan DATE OF ORDER : 15th December 2009 HON'BLE MR.JUSTICE DINESH MAHESHWARI Mr.Ramesh Purohit for the petitioner. Mr.Mahipal Bishnoi, Public Prosecutor for State. .... These two bail applications, though relating to different FIRs but concerning the same accused petitioner and involving similar circumstances, have been considered together; and are taken up for disposal by this common order. The petitioner is accused in two criminal cases pending since the year 2002 in the Court of Judicial Magistrate, Jayal for offence under Section 379 IPC. For the petitioner remaining absent in these cases on 30.01.2009, his bail bonds were forfeited; and thereafter, he was arrested on 21.08.2009. The bail applications as moved by the petitioner were declined by the learned Additional Sessions Judge, Nagaur essentially for the reason that he had repeatedly jumped the bail and his bail bonds were earlier forfeited in the years 2004, 2007 and 2008 and such absence has caused the delay in disposal of the matter. The learned counsel for the petitioner has strenuously argued that the petitioner had all through attended the matter on substantial number of dates of hearing and it had, in fact, been for the absence of the co-accused Salim that the matter got prolonged; that there is no any recovery suggested 2 against the petitioner in these matters; and that he has remained in custody for sufficiently long time and deserves indulgence. However, the learned Public Prosecutor informs on instructions that practically the trial is nearing completion in these matters with only one witness remaining to be examined; and the matters are fixed in the Trial Court on 19th inst. At the given stage of trial, though this Court does not find it proper to pass an order for release of the petitioner on bail and, therefore, these bail applications are being rejected but then, in the totality of circumstances, it does appear appropriate and hence is observed that if the prosecution evidence is completed on 19th inst., the learned Trial Court shall endeavour to decide the matters without further loss of time; but if the evidence is not completed on 19.12.2009 for any reason and the matters remain pending, in that event, if the petitioner moves the applications for bail afresh, the same shall be considered by the learned Trial Court on their own merits irrespective of rejection of the earlier bail applications by the learned Sessions Judge or by this Court by this order. With the aforesaid observations, these bail applications moved on behalf of the petitioner Swaroop Ram s/o Sukha Ram stand rejected at this stage. (DINESH MAHESHWARI),J. MK 3 S.B.CRIMINAL MISC. BAIL APPLICATION NO.4953/2009 Swaroop Ram Vs. The State of Rajasthan DATE OF ORDER : 15th December 2009 HON'BLE MR.JUSTICE DINESH MAHESHWARI Mr.Ramesh Purohit for the petitioner. Mr.Mahipal Bishnoi, Public Prosecutor for State. This bail application stands rejected with observations at this stage vide common order made in S.B.Cr.Misc.Bail Application No.4952/2009 (Swaroop Ram Vs. State of Rajasthan). (DINESH MAHESHWARI),J. MK