K.S. LODHA, J.—This is a bail application on behalf of Johny Wilson, who is standing trial for offence u/s. 376/511 I.P.C. in the court of the Additional Chief Judicial Magistrate No. 1. Jodhpur. He was on bail granted to him on 27.8.83. Thereafter he absented himself on 14.2.84. The bail bonds were, therefore forfeited. He surrendered before the court on 2.1.85 and again applied for bail. That application was rejected by the trial court and his application for bail was also thereafter rejected by the learned Sessions Judge, Jodhpur. The courts below found that earlier to 23.8.83 also the petitioner had remained absent from 24.8.77 to 4.8.83 and this time also he had absented himself for almost a year and the proceedings had been held up.

2. Learned counsel for the petitioner urges that since the petitioner had already been granted bail, the forfeiture of the bonds does not amount to the cancellation of the bail already granted to him and the petitioner was entitled to be released on bail on his again furnishing personal and surety bonds in accordance with the original order dated 27.8.83 and the courts below were wrong in refusing him bail. In this connection he placed reliance upo

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