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A.C.KABIN
Abdul Khaleel – Appellant
Versus
State by Police Sub-Inspector – Respondent


Advocates:
Counsel for the parties:
For Petitioner:Sri Kashinathrao Patil, Advocate.
For the Respondent: Sri M. Marigowda, Additional State Public Prosecutor.

ORDER

A.C. Kabbin, J.— The petitioner herein, who has sought bail under Sec-tion 439 of the Cr. P.C., is one of the accused in Forest Crime No. 127 of 1995 of Ranebennur Police Station, registered for offences punishable under Sections 379 and 411 of the IPC and Sections 86 and 87 of the Kar­nataka Forest Act. His application for bail having been rejected by the learned Sessions Judge, Haveri, he has approached this Court for his release on bail on several grounds, the main ground being that already eight years have elapsed from the date of the alleged offences and that he is in custody since more than three months and that therefore look­ing to the allegations he may be enlarged on bail permitting him to attend the trial whenever fixed.

2. The prayer has been opposed by the learned Additional State Pub­lic Prosecutor who has filed objections. The main ground on which bail is opposed is that the petitioner had been released on anticipatory bail in the year 1995 on certain conditions, but that he having absconded, the Trial Court could not proceed with the trial and therefore when the Trial Court failed to commence the trial for want of this accused even after NBW and proclamation

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