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1989 Supreme(Raj) 653

FAROOQ HASAN
Gajanand – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. - Heard learned counsel for the parties. In a case pending in the court of Chief judicial Magistrate, Baran, the accused petitioner who was on bail, did not appear before that court on 17.8.78 and also on subsequent dates. He has been arrested on 28.3.89 and he was produced before the learned trial court, where a bail application has been filed and the same was dismissed on the ground that the accused-petitioner absconded and did not appear in the court for about 101/2 years. It has been contended by the learned counsel that the petitioner is a poor Labourer and is only the earning member in his family. Petitioner had gone to Chapa (M. P.) in order to earn his livelihood and while working at Chapa he was unable to find out the date in the case which was pending against him. Because of his financial difficulties he did not come to his village and that was the reason that he did not appear before the trial court.

2. In view of the fact that at the time when the accused has absconded only the charge has been framed against him and the evidence is yet to be recorded in this case which will take long time. Moreover, the offence alleged is of petty nature and the co-accused ha



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