IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.Criminal Misc. Bail Application No. 6257/2009 Sobhag Ram @ Sobhag Kir vs. State of Rajasthan Dated : 18.08.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Sunil Jain, for the petitioner. Mr. Amit Poonia, Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Shri Sunil Jain Advocate on behalf of the applicant Sobhag Ram @ Sobhag Kir pertaining to case No. 706/1994 pending before the court of Additional Chief Judicial Magistrate, No.3, Kota for the offences under Sections 380 of IPC. 2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record. 3. The learned counsel for the accused- applicant has contended that the petitioner remained absconding for 15 years. He has been in custody for the last seven months, hence, he may be afforded one opportunity to defend his case independently while remaining on bail. 4. The learned Public Prosecutor has opposed the bail petition. 5. Having considered the submissions made at the bar and perused the bail order dated 4th March, 2009 rendered by learned Sessions Judge, Kota, it is noticed that the challan was filed against the accused-petitioner on 06.09.1994 and the case was fixed for trial but the accused petitioner absented on that day, as a result of which his bail bonds were forfeited and he was ordered to be summoned through warrant of arrest. In spite of the strenuous efforts of the court, the appearance of the accused could not be procured. Finally, he was declared absconding on 17.04.2000. By way of long absence of 15 years, he has not only hampered the path of justice but prolonged the trial also. In view of these factors, the accused is not found entitled to be released on bail. 6. In the result, the bail petition filed on behalf of the accused petitioner Sobhag Ram @ Sobhag Kir under Section 439 of Cr.P.C. stands dismissed. 7. However, keeping in view the submissions made by the learned counsel for the petitioner, learned trial court is directed to expedite the trial and conclude the same preferably within a period of three months, as the petitioner has been in custody for the last seven months. (MAHESH BHAGWATI)J. Mak/- 44