1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Cr. Misc. Bail Application No. 6088/2009 Suwa Ram @ Surender vs. State of Rajasthan Dated :06/08/2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Anoop Dhand, for the petitioner. Mr. Amit Poonia, Public Prosecutor for State. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Mr. Anoop Dhand Advocate on behalf of the applicant Suwa Ram @ Surender in FIR No. 337/1999 of Police Station Nawalgarh, Jhunjhunu in the offence under Sections 458, 324 and 323 of IPC. 2. Heard the learned counsel for the petitioners as also the learned Public Prosecutor for the State and perused the material on record. 3. Learned counsel for the petitioner has canvassed that the petitioner went to Ahemdabad to earn his livelihood and thus, could not attend the trial of the case. The bail bonds furnished by the petitioner were ordered to be forfeited and arrest warrant was issued. On 17.06.20009, the petitioner was arrested. It is further contended that he may be given one more opportunity to defend his case and he undertakes to appear before the Court below regularly during the entire trial in future, hence, he may be granted indulgence of bail. 4. Learned Public Prosecutor appearing for the State has opposed the bail petition. 2 5. Having considered the submissions made at the bar and carefully scanned the relevant material available on record including the bail order dated 02.07.2009 rendered by the Additional Sessions Judge, Fast Track, No.1, Jhunjhunu, it is noticed that the petitioner has been absconding since 15.06.1999. Despite the best efforts made by the Court below, the attendance of the petitioner could not be procured, as a result of which, he was declared absconding. The petitioner is found to have abused the right of bail and he has also hampered the trial of the case, hence I, without expressing any opinion on the merits of the case, do not feel just and proper to grant indulgence of bail to the accused petitioner and his bail petition deserves to be dismissed. 6. In the result, the bail petition filed under Section 439 of Cr.P.C. on behalf of the petitioner Suwa Ram @ Surender stands dismissed. 7. However, the learned trial Court is directed to expedite the trial and conclude the same preferably within a period of three months. (MAHESH BHAGWATI), J. DJ/- S-13