GOPAL LAL Vs. STATE

JUDGEMENT

(1.) MR . Kumbhat has filed an affidavit of Shri Suresh Chandra Shrimalee, Advocate, Bhllwara and photo -stat copies of his diary of cases dated 02.04.92, wherein the next date in sessions case 'State V Gopal Lal Vaishnav' has been written as 09.05.92. The petitioner was on bail during the trial in this case but he remained absent on 02.05.92 and his bail bonds were forfeited and warrants of arrest was ordered to be Issued. However, he surrendered before the Court on 14th May, 1992 and his bail petition was dismissed by the learned Addl. Sessions Judge, Bhilwara.

(2.) MR . Suresh Kumbhat submits that due to bonafide mistake of the Advocate the petitioner did not appear on 2nd May, 1992. This fact is duly corroborated by the affidavit of Shri Suresh Chandra Shrimalee, Advocate and his diary of cases.