M. C. JAIN. J.—, This bail application has come up for hearing before us on the orders of Honble the Chief Justice on reference having been made by Shri K.S. Lodha, J., as he found himself unable to fall in line with the two decisions of this Court in Jumma Khan vs. State of Rajasthan (1) decided by Shri G.K. Sharma, J. (one of us) and Surendrasingh vs. State of Rajasthan (2) decided by Shri N. M. Kasliwal, J.

2. We may state the few relevant facts.

3. The applicant Johny Wilson was challaned in the court of Additional Chief Judicial Magistrate, No. 1, Jodhpur on August 20, 1977 after investiga-tion. 24.8.77 was fixed for scrutiny of challan. But on that date, the accused absented and jumped bail and continued to remain absconding upto 4.8.83 i.e. for about 6 years. Thereafter, on arrest, he was produced by the police on 5.8.83. He was released by the order of Sessions Judge, Jodhpur on 27.8 83. The accused again absented on 14.2.84 and continued to abscond till 2.1.85, on which date, he himself surrendered before the court and submitted an application for bail, which was rejected and he was sent to the judicial custody. Thereafter, an application was moved before the learned Session

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