Single bench order where Justice MN Bhandari allowed a bail application for petitioners in an 498-A/304-B/201 IPC case, noting that material witnesses had turned hostile.
Petitioners Smt Pushpa, Hubba Lal and Bhupendra Singh were released on bail under Section 439 CrPC on furnishing a personal bond of Rs. 40,000 and one surety in like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
JAIPUR BENCH, JAIPUR
ORDER
SB Cr Misc Third Bail Application No. 7411/2011
Smt Pushpa & ors Vs State of Raj through PP 2.8.2011
HON'BLE MR. JUSTICE MN BHANDARI
Mr Asgar Khan - for the petitioners
Mr Pradeep Shrimal, PP – for the State
BY THE COURT:
Heard learned counsel for the parties and perused the record of the case.
Learned counsel for the petitioners submits that material witnesses have been examined and all have been declared hostile. Looking to the aforesaid, petitioners may be enlarged on bail.
On the other hand, learned Public Prosecutor has opposed the bail application.
After considering the rival submissions of the parties and without expressing any opinion on merits of the case, which
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may otherwise affect outcome of the trial, looking to the facts of this case, I am of the view that the petitioners deserve to be enlarged on bail. Accordingly, the bail application is allowed. It is ordered that petitioners – Smt Pushpa, Hubba Lal and Bhupendra Singh may be released on bail under section 439 CrPC in FIR No. 219/2010 registered at Police Station-Baroda Mev, Alwar for offence under Section/s 498-A, 304-B and 201 IPC provided each of the petitioners furnishes a personal bond in the sum of Rs.40,000/- together with one surety in the like amount to the satisfaction of the learned trial court for their appearance before that Court on all subsequent dates of hearing and as and when called upon to do so.
(MN BHANDARI), J.
bnsharma
All corrections made in the judgment/ order have been incorporated in the judgment/ order being emailed.
(BN Sharma) PS-cum-JW
1 issue framed by the court
Whether the bail application for petitioners should be allowed given that material witnesses were declared hostile.
1 provisions across 1 enactments
Smt Pushpa and others
State of Rajasthan through PP
MN Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
