Commencement of trial against co-accused without waiting for their arrest and imposition of specific bail conditions.

1. - Mr. Punia has submitted the certified copy of the FIR and the order sheets of the file of the trial Court.

2. Heard. Perused the relevant record.

3. The petitioner, is facing trial, for the offences under sections. 458 and 380/511 Indian Penal Code before the trial Magistrate. He has earlier granted bail. However he absented himself on 19.10.87 and his bail bonds were forfeited and proceeding under Section 446 Cr. P.C. was initiated. Non bailable warrant was also issued against him. On 15.4.95, he was produced by the police in compliance of the non-bailable warrant. Learned trial Magistrate rejected his bail petition. The contention of Shri Punia is that the other co-accused persons have still not been apprehended in this case and that in future petitioner shall be regularly attending the court without fail. Order-sheets of the trial court reveal that even the charge has not been framed and that two accused persons namely Chhogaram and Rooparam have now been apprehended. The learned trial Magistrate is directed to commence trial against these two accused without waiting for the arrest of other co-accused persons and against them proceedings under sections. 82 & 83 Criminal Procedure Code. be initiated and separate trial be initiated as and when they are arrested.

4. With these observations, this bail petition is allowed and it is ordered that petitioner Chhoga be released on bail provided he executes his personal bond for a sum of Rs. 10,000/- (Ten thousand) and furnishes two sound and substantial sureties in the amount of Rs. 5,000./- to the satisfaction of the learned Chief Judicial Magistrate, Nagour in the Cr. Misc. Case No. 24/86 on each and every date of hearing and whenever ordered to do so till the completion of the trial. It is also made clear that in case the petitioner misuses the liberty granted to remain on bail, his bail shall be cancelled by the trial Magistrate in accordance with law without reference to this Court.Petition allowed.

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