The court may grant bail based on valid reasons for non-appearance in court, such as illness and unavoidable circumstances.

Headnote:
Bail - Grant of Bail - The court granted bail to the petitioner, considering the petitioner's inability to appear in court due to illness and the strike of advocates, and ordered the petitioner to furnish a personal bond and sureties.
Fact of the Case:

The petitioner was under trial for the offence under Section 307 Indian Penal Code. He could not appear in court due to acute Gastro-enteritis and the strike of advocates.
Finding of the Court:

The court, considering the facts and circumstances, granted bail to the petitioner.
Issues: The issue was the petitioner's non-appearance in court and the grounds for seeking bail.
Ratio Decidendi: The court considered the petitioner's illness and the strike of advocates as valid reasons for non-appearance and granted bail based on these circumstances.
Final Decision: The petitioner was granted bail upon furnishing a personal bond and sureties.

JUDGMENT

1. - Heard learned counsel for the petitioner and the learned public prosecutor.

2. The petitioner was under trial for the offence under Section 307 Indian Penal Code. He could not appear on 6.5.1993 on the court date. It is submitted that the petitioner was suffering from acute Gastro-enteritis, therefore, he could not appear on that date. Even due to strike of the advocates his counsel also failed to appear on that date.

3. Taking into consideration the facts and circumstances, I am inclined to grant bail to the petitioner.

4. It is, therefore, ordered that the petitioner Om Prakash Singh S/o. Shri Jorawar Singh be enlarged on bail, provided he furnishes a personal bond in the sum of Rs. 20,000/- (Twenty Thousand only) with two sureties in the sum of Rs. 10,000/- cash to the satisfaction of the trial court and also give undertaking to appear in the court and as and when called upon to do so.

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1993 Supreme(Raj) 648

RAJASTHAN HIGH COURTY.R.Meena, J.Om Prakash Singh - AppellantVersusState of Rajasthan - RespondentS.B. Cri. Misc. Bail Application No. 3752 of 1993.Decided On : 25-08-1993

The court may grant bail based on valid reasons for non-appearance in court, such as illness and unavoidable circumstances.

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RAJASTHAN HIGH COURT
Y.R.Meena, J.
Om Prakash Singh - Appellant
Versus
State of Rajasthan - Respondent
S.B. Cri. Misc. Bail Application No. 3752 of 1993.
Decided On : 25-08-1993