S.B.CR. MISC. BAIL APPLICATION NO.8125/2008 SURAJ SINGH VS. STATE OF RAJ. 24.10.2008 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. JS Chauhan ),for the petitioner. Mr. RP Kuldeep,Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 439 of Cr.P.C by Shri JS Chauhan, Advocate on behalf of the applicant Suraj Singh pertaining to F.I.R. No. 362/2000 of Police Station Nayapura, District Kota, in the offences under Sections 147, 148, 149, 341, 332, 353, 307 and 283 of IPC and section 3 of PDPP Act. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record. The learned counsel for the petitioner has contended that the case of the petitioner is like that of Ajay Choudhary, hence, he may also be extended the benefit of bail. The learned Public Prosecutor has opposed the bail petition. Having considered the submissions advanced by both the parties and perused the bail order dated 20.10.2008 rendered by the Additional Sessions Judge (Fast Track) No.2, Kota, it is noticed that the trial of the instant case has been pending in the Court since the year 2000. The accused Suraj Singh remained absent on 28th July, 2001, as a result of which his bail bonds were forfeited and he was ordered to be summoned through a warrant of arrest. Despite best of efforts put in by the learned trial Court, the appearance of the accused Suraj Singh could not be procured. Ultimately, he was declared absconding on 14th February, 2008. Not only that the petitioner has misused the right of bail awarded to him but by way of his absence, he has hampered the course of administration of justice. Hence, to my firm view, in the facts and circumstances of the case, he does not deserve to be released on bail. -2- In the result, the bail petition filed on behalf of the accused petitioner under Section 439 of Cr.P.C. stands dismissed. (MAHESH BHAGWATI)J. PCG