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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Dinesh Mehta, J.
Vijya Jain & Ors. – Appellants
Versus
State Of Raj. & Anr. – Respondents
S.B. Criminal Miscellaneous Appeal No. 125 of 2022
Decided On : 20-04-2022
Extension of Time - Bail Bond - The court allowed the application seeking extension of time for the petitioner to appear before the trial court and furnish bail bond and sureties due to COVID protocols/restrictions.
Fact of the Case:
The petitioner sought an extension of time to appear before the trial court and furnish bail bond and sureties due to being unable to travel from Mali to India because of COVID protocols/restrictions.
Finding of the Court:
The court allowed the application and extended the time granted to the petitioner to appear before the trial court and furnish the requisite bail bond and sureties.
Issues:
Ratio Decidendi:
Final Decision: The time granted to the petitioner to appear before the trial court and furnish the requisite bail bond and sureties was extended up to 27.05.2022.
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, the application is allowed.
5. accordingly, the time/date (30.04.2022) granted to the applicant - petitioner No.3 - Mukesh Jain to appear before the trial Court and furnish requisite bail bond and sureties vide order dated 16.03.2022 is hereby extended upto 27.05.2022. The applicant - petitioner No.3 - Mukesh Jain shall now appear before the trial Court on or before 27.05.2022 and furnish bail bond of Rs.50,000/- along with two sureties of Rs.25,000/- each to the satisfaction of the trial Court.
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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