The High Court of Rajasthan granted bail to two petitioners arrested under sections of the IPC and Forest Act. The court observed no case was clearly pending and deemed it just and proper to release them on personal bond with sureties.
Petitioners released on bail with personal bond of Rs. 2,00,000 and two sureties in Rs. 1,00,000 each.
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.
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR.
O R D E R
S.B.CRIMINAL MISC. BAIL APPLICATION NO.8630/14
(Mukeem and anr. Vs. State of Rajasthan ) DATE OF ORDER ::::: 13.10.2014
HON'BLE MR.JUSTICE MAHESH CHANDRA SHARMA
Mr.Rahul Tiwari, for the petitioner/s. Mr.R.S.Raghav, Public Prosecutor for State.
This bail application has been filed under Section 439 Cr.P.C.
Brief facts of the case are that an FIR No.483/2014 was registered at P.S.Bhiwadi, Distt. Alwar for offences under Secs.307,279,336,379 & 120B IPC and Sec.41, 42 of Forest Act, 1953 and 3/25 of Arms Act. During the course of investigation, petitioners were arrested. They thereafter moved the bail application before the concerned court below but the same was dismissed, hence this bail application.
Learned counsel for the petitioners has contended no case is pending against the petitioner, it is a case of no injury, petitioners have been falsely implicated in this case, the petitioners are in judicial lock up since long, they have not committed any offence as alleged in the FIR, conclusion of trial is likely to take time, hence, the accused petitioners should be released on bail.
Mr.R.S.Raghav, Public Prosecutor appearing for the State has opposed the bail application.
Looking to the facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, I deem it just and proper to release the petitioner on bail.
Therefore, this bail application is allowed and it is directed that accused petitioners Mukeem S/o Chand Mohd. And
Rahees S/o Pahlu be released on bail under Section 439 Cr.P.C. in FIR no.483/2014 registered at P.S.Bhiwadi, Distt. Alwar, provided he furnishes a personal bond in the sum of Rs.2,00,000/- (Rupees two lacs) together with two sureties in the sum of Rs.1,00,000/- (Rupees one lacs) each to the satisfaction of the trial court with the stipulation that they shall appear before that court on all subsequent dates of hearing and as and when called upon to do so.
(MAHESH CHANDRA SHARMA)J.
Sandeep/-73 All corrections made in the judgment/order have been incorporated in the judgment/order being e-mailed. SANDEEP RAWAT,Sr.P.A.
1 issue framed by the court
Whether the petitioners should be released on bail under Section 439 Cr.P.C. given the allegations of false implication and lack of pending case.
1 provisions across 1 enactments
Mukeem S/o Chand Mohd.
Rahees S/o Pahlu
State of Rajasthan
Mahesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
