Rajasthan High Court
Major Singh S/O Billu Singh vs State Of Rajasthan ... on 9 November, 2023
Bench: Ashutosh Kumar
[2023:RJ-JP:34437]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 14598/2023
Major Singh S/o Billu Singh, R/o Karaiwala, Police Station
Geedwara, District Fareedkot, Punjab. (At Present Confined In
District Jail Jaipur)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Bhonrilal S/o Laduram, R/o Bhakrota, Jaipur.
----Respondents
For Petitioner(s) : Mr.Sandeep Saini
For Respondent(s) : Mr.Deshraj Gosingha, Public
Prosecutor
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order
09/11/2023
1. The present bail application has been filed by the accused-
petitioner against the order dated 03.11.2023 passed by the
Additional Session Judge No.3, Jaipur District, Jaipur (Raj.), by
which, the bail application, filed by the accused-petitioner under
Section 439 Cr.P.C. in FIR No.25/1987 registered at Police Station
Bagru, District Jaipur for the offence under Sections 279 & 304-A
of IPC has been dismissed.
2. Learned counsel for the accused-petitioner submitted that an
FIR bearing No.25/1987 was registered at Police Station Bagru
against the present accused-petitioner for the offence under
Sections 279 and 304-A IPC.
[2023:RJ-JP:34437] (2 of 4) [CRLMB-14598/2023]
3. Learned counsel submitted that charge sheet was submitted
and the matter remained pending for years.
4. Learned counsel further submitted that in view of the
judgment of the Apex Court in the case of Common Cause
Society Vs. Union of India (Writ Petition (C)
No.1128/1986) dated 01.05.1996, the criminal case, pending
against the accused-petitioner, was disposed of and the accused-
petitioner was acquitted from the charges, levelled against him.
Thereafter, in view of the judgment of the Apex Court reported in
1996(8) Supreme Today 302, the matter was again taken on
its original number and trial was started and the accused-
petitioner was summoned but the summon was not served,
therefore, on 20.07.2006, the accused-petitioner was declared
absconder and standing warrant was issued against the accused-
petitioner. However, this fact was not in knowledge of the accused-
petitioner as well as the counsel, who was appearing on his behalf.
5. Learned counsel also submitted that in compliance of
standing warrant, issued against the accused-petitioner, he was
arrested on 30.10.2023 and since then, he is behind bars.
6. Learned counsel submitted that the accused-petitioner is
presently 75 years of age and the case against the accused-
petitioner was registered in 1987, that too, for bailable offence
under Section 279 and 304-A IPC.
7. Learned counsel submitted that the accused-petitioner is
suffering from a serious illness.
[2023:RJ-JP:34437] (3 of 4) [CRLMB-14598/2023]
8. Learned counsel further submitted that the accused-
petitioner could not appear before the Trial Court because he is
under treatment for paralysis.
9. In view of the above, learned counsel for the accused-
petitioner prays that the accused-petitioner may be enlarged on
bail.
10. Learned Public Prosecutor opposed this bail application on
the ground that the accused-petitioner remained absent for 35
years, thus he may not be enlarged on bail.
11. Heard learned counsel for the accused-petitioner as well as
learned Public Prosecutor and perused the material available on
record.
12. This Court finds that the case against the accused-petitioner
was registered in the year 1987 and the accused-petitioner was
earlier acquitted in compliance of the judgment of the Apex Court
passed in the case of Common Cause Society (supra). The case of
the accused-petitioner was against taken to its original number as
per the guidelines, issued by the Apex Court in the judgment
reported in 1996(8) SC Today 302.
13. In view of the above and considering the fact that the
accused-petitioner is presently 75 years of age but without
expressing any opinion on the merits/demerits of the case, this
Court is of the opinion that the bail application filed by the
accused-petitioner deserves to be accepted.
14. Consequently, the bail application filed by the accused-
petitioner under Section 439 Cr.P.C. is allowed. It is ordered that
the accused-petitioner namely Major Singh s/o Billu Singh,
[2023:RJ-JP:34437] (4 of 4) [CRLMB-14598/2023]
arrested in FIR No.25/1987 registered at Police Station Bagru,
District Jaipur for offence under Sections 279 & 304-A IPC be
released on bail; provided he furnishes a personal bond in the sum
of Rs.50,000/- and two sureties of Rs.25,000/- each to the
satisfaction of the learned trial Court for his appearance before
that Court on all subsequent dates of hearing and as and when
called upon to do so.
(ASHUTOSH KUMAR),J
Preeti Asopa /245
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