Allowed

Jagdish v. State of Rajasthan through Pp.

Rajasthan HC6 Mar 2012CRLMB/2261/2012

Case brief

AI extract

What is this about?

This Court allowed second bail applications filed by accused petitioners Jagdish and Brij Lal. The bench directed their release on bail upon furnishing a personal bond with two sureties, noting that trial may take long and undertaking not to repeat the offence. Bail could be cancelled if misstatements are found or new cases are registered.

What did the court decide?

Petitioners Jagdish S/o Shri Gajraj and Brij Lal S/o Kishan were released on bail in FIR No.583/2011 upon furnishing a personal bond of Rs.50,000/ and two sureties of Rs.25,000/ each.

Jagdish Vs State of Rajasthan through Pp. — Bail and Remand | Rajasthan HC (2012)

¶1

SB Crlmb No.2261/12. SB Crlmb No.2233/12.

¶2

¶3

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR.

¶4

O R D E R

¶5

S.B.CR.MISC.2^nd BAIL APPLICATION NO.2261/2012.

¶6

Jagdish Vs. State of Rajasthan

¶7

S.B.CR.MISC.2^nd BAIL APPLICATION NO.2233/2012. Brij Lal Vs.

¶8

State of Rajasthan

¶9

Date of order : March 6, 2012.

¶10

HON'BLE MR.JUSTICE MOHAMMAD RAFIQ

¶11

Shri D.C. Gupta and

¶12

Shri H.S. Bikarwar for the petitioners.

¶13

Shri Paresh Choudhary, Public Prosecutor for State.

¶14

¶15

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.

¶16

Learned Public Prosecutor has opposed the bail applications.

¶17

Without expressing any opinion on the merits of the case however considering the facts and

¶18

SB Crlmb No.2261/12. SB Crlmb No.2233/12.

¶19

¶20

circumstances of the case, I am inclined to enlarge the petitioners on bail u/S.439 Cr.P.C.

¶21

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.

¶22

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.

¶23

(MOHAMMAD RAFIQ), J.

¶24

Anil/140-141

¶25

All corrections made in the judgment/order have been incorporated in the judgment/order being e-mailed

¶26

Anil Kumar Goyal Sr.P.A. Cum JW

Jagdish v. State of Rajasthan through Pp.

Case brief

What is this about?

What did the court decide?

Jagdish v. State of Rajasthan through Pp.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sandeep Kumar and Ors. Vs State of Raj and Anr.

Sahruddin Vs State of Raj and Ors.

Mamta Kumari Jat Vs Director General of Police Ors.

Ranveer Singh Yadav Vs R S R T C and Anr.

Brij Lal Vs State of Rajasthan through Pp.

Rakesh Chand Gupta and Anr. Vs State Education Departmentanr