Single judge allowed two second bail applications filed by accused persons Jagdish and Brij Lal. The court held that considering the circumstances to prevent long trial without prejudice to society, the petitioners shall be released on bail.
Petitioners released on bail in sum of Rs.50,000/- along with two sureties in Rs.25,000/- each.
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SB Crlmb No.2261/12. SB Crlmb No.2233/12.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR.
O R D E R
Jagdish Vs. State of Rajasthan
State of Rajasthan
Date of order : March 6, 2012.
HON'BLE MR.JUSTICE MOHAMMAD RAFIQ
Shri D.C. Gupta and
Shri H.S. Bikarwar for the petitioners.
Shri Paresh Choudhary, Public Prosecutor for State.
These are second bail applications of the accused petitioners. The first bail applications of the petitioners were rejected by this court on consideration of fact that at that stage, challan was not yet filed and the bail application of Sunil was rejected by the co-ordinate of this Court. Now, coaccused Sunil has already been enlarged on bail vide order of the co-ordinate bench of this court dated 23/2/2012 though he had five more criminal cases registered against him. Petitioner Jagdish has two more criminal cases registered against him and petitioner Brij Lal has one criminal case. They are in jail since 1/11/2011. Trial may take long. Petitioners undertake not to repeat the similar offence in future.
Learned Public Prosecutor has opposed the bail applications.
Without expressing any opinion on the merits of the case however considering the facts and
SB Crlmb No.2261/12. SB Crlmb No.2233/12.
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circumstances of the case, I am inclined to enlarge the petitioners on bail u/S.439 Cr.P.C.
In the result, these second bail applications under Section 439 Cr.P.C. are allowed and it is directed that petitioners Jagdish S/o Shri Gajraj and Brij Lal S/o Kishan shall be released on bail in FIR No.583/2011 registered at PS Kotwali, Bharatpur for offence u/Ss.323, 395, 427, 397, 452 and 326 IPC upon their furnishing a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the concerned Court for their appearance before the trial court on all dates of hearing until conclusion of the trial.
However, in case it is found that any other criminal case is pending against petitioners and that misstatement has been made about their whereabouts or non-registration of any other criminal case or any new criminal case in future is found registered against them, the bail so granted to them by this court in this case and in other cases, would be liable to be cancelled at the instance of the prosecution even by the trial court and they would be liable to be rearrested for facing trial.
(MOHAMMAD RAFIQ), J.
Anil/140-141
All corrections made in the judgment/order have been incorporated in the judgment/order being e-mailed
Anil Kumar Goyal Sr.P.A. Cum JW
1 issue framed by the court
Whether the petitioners are entitled to bail in their second bail applications.
1 provisions across 1 enactments
Jagdish
Brij Lal
State of Rajasthan
Mohammad Rafiq
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
