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DINESH MEHTA
Vijya Jain – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Dinesh Mehta, J. - Present application has been filed by the applicant - petitioner No.3 - Mukesh Jain, seeking extension of time to appear before the trial Court and furnish bail bond and sureties pursuant to the order dated 16.03.2022 passed by this Court in SB Criminal Misc. Petition No.1355/2022.
2. Learned counsel for the applicant submitted that while partly allowing the misc. petition filed by the petitioners vide order dated 16.03.2022, this Court directed the present applicant - petitioner No.3 - Mukesh Jain to appear before the trial Court on or before 30.04.2022 and furnish bail bond of Rs.50,000/- along with two sureties of Rs.25,000/- each to the satisfaction of the trial Court.
3. Learned counsel for the applicant submitted that the applicant - petitioner No.3 - Mukesh Jain was at Mali africa and could not come to India due to COVID protocols/restrictions and hence could not appear before the trial Court and furnish the requisite bail bond and sureties by 30.04.2022 as stipulated in the order dated 16.03.2022. Thus, a prayer has been made to extend the time to appear before the trial Court and furnish requisite bail bond and sureties.
4. For the reasons stated, t
The court has the discretion to extend the time for appearing before the trial court and furnishing bail bond and sureties in light of exceptional circumstances such as COVID protocols/restrictions.
Court can grant extensions for executing sureties due to genuine personal circumstances.
The court has the discretion to extend the time for furnishing surety in a bail application based on the applicant's representation.
The court emphasized the importance of ensuring the presence of the accused for a speedy conclusion of the trial and considered the offer of a surety as a means to achieve this.
Bail amounts should depend on the accused's financial circumstances, prioritizing personal bonds over sureties to prevent undue hardship.
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