JUDGEMENT
MAHESH BHAGWATI, J. -
(1.) THIS order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Shri K.S. Vilondiya Advocate on behalf of the applicant Hareesh Kumar pertaining to F.I.R. No. 216/2000 at police station Nadvai, District Bharatpur, in the offences under Sections 279, 337 and 304A of IPC.
(2.) HEARD the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record.
The learned counsel for the accused-applicant has contended that the petitioner remained absconding for more than 6 years. He has been in custody for quite a long time, hence, he may be afforded one opportunity to defend his case independently while remaining on bail.
The learned Public Prosecutor has opposed the bail petition.
Having considered the submissions made at the bar and perused the bail order dated 21st August, 2009 rendered by learned Sessions Judge, Bharatpur, it is noticed that by way of long absence of more than 6 years, the petitioner has not only hampered the path of justice but prolonged the trial also. In view of these factors, the accused is not found entitled to be released on bail.
In the result, the bail petition filed on behalf of the accused petitioner Hareesh Kumar under Section 439 of Cr.P.C. stands dismissed.
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