Allowed

Kamal v. State of Rajasthan through Pp

Rajasthan HC8 Oct 2015CRLMB/10876/2015

Case brief

AI extract

What is this about?

In this bail application, the High Court at Jaipur granted bail to the petitioner despite the Public Prosecutor's opposition. The court held that as some material witnesses declared hostile and the petitioner was not named by other material witnesses, he deserved bail on the undertaking not to commit any offence during the bail period.

What did the court decide?

Petitioner released on bail by furnishing a personal bond of Rs. 50,000/- together with one surety.

Kamal Vs State of Rajasthan through Pp — Bail and Remand | Rajasthan HC (2015)

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

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S.B. Criminal Misc. IIIrd Bail Application No.10876/2015

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Kamal Versus State of Rajasthan

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DATE OF ORDER : 08/10/2015

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HON'BLE MR. JUSTICE M.N. BHANDARI

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Mrs. Shikha Parnami, for petitioner Mr. Sudesh Saini, P.P., for the State

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Heard learned counsel for the parties and perused the record of the case.

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It is stated that material witnesses have been examined and out of whom, many witnesses have been declared hostile. The petitioner has otherwise not been named for the occurrence even by the material witnesses. He may thus be enlarged on bail. The petitioner undertakes not to commit same or other offence during the period of bail, if granted.

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Learned Public Prosecutor has opposed the bail application.

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After considering rival submissions of the parties and without

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expressing any opinion on merits of the case, which may otherwise affect outcome of the trial but looking to the facts of this case, I am of the view that the petitioner deserves to be enlarged on bail on the

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following undertaking of the petitioner:

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(i) that petitioner shall not commit any offence during the period of bail, otherwise, the order granting bail today shall stand cancelled automatically without reference to this court.

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The information about registration of the case would be sent to this court also so as to give effect to the order of automatic cancellation of the bail.

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Accordingly, third bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner-Kamal S/o Kewal Ram in FIR No.101/2015, registered with Police Station Madanganj, District Ajmer be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- together with one surety in the like amount to the satisfaction of the learned trial court for his appearance before the court on all subsequent dates of hearing and as and when called upon to do so.

[M.N.BHANDARI], J.

FRBOHRA

Certificate:

“All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.”

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FATEH RAJ BOHRA, Sr. P.A.

Kamal v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

Kamal v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

What the court decided

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