Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It is alleged that the charge sheet was filed against the accused applicant in the year 1996, but the accused never appeared in the case and the case lingered on because of his absence. Ultimately when process under section 82-83 Cr.P.C. were issued, accused applicant surrendered in the Court.
The learned counsel for the applicant argued that the applicant had gone to Delhi to earn his livelihood and as such could not know about the filing of the charge sheet. It has further been argued that since 2004-2010 he remained in jail in Delhi in connection with other cases and after his acquittal in that case, when he returned to his house, he came to know about the attachment of the property and then surrendered in Court.
I considered over the matter. The case has remained pending in the Court since 1996 because of the absence of the accused applicant and if he is released on bail, the case will further be lingered on. No case for bail is made out. The bail application is accordingly rejected.
Order Date :- 9.2.2011 Sh