This is an order allowing bail to the applicant after hearing counsel. The court requires personal bond and undertaking to report to police on specific dates.
Bail application allowed; accused petitioner to be released on a personal bond of Rs. 50,000 with one surety.
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 AT JAIPUR BENCH JAIPUR
S.B. Criminal Misc. Bail Application No.8111/2015
Jasmal
Versus
State of Rajasthan
DATE OF ORDER : 07/08/2015
HON'BLE MR. JUSTICE M.N. BHANDARI
Mr. Harendra Singh Sinsinwar, for petitioner Mr. R.S. Raghav, P.P., for the State
Heard learned counsel for the parties and perused the record of the case.
It is stated that co-accused have been granted bail and case of the petitioner is similar to that of the co-accused, thus he may also be granted bail. It is moreso when he undertakes not to commit same or other offence during the period of bail, if granted and would attend the Police Station concerned as and when directed by the court on the dates nominated for it.
Learned Public Prosecutor has opposed the bail application.
After considering rival submissions of the parties and without 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 following undertaking of the petitioner:
(i) If petitioner commits same or other offences during the period of bail, then Prosecution would be at liberty to move application for cancellation of bail;
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(ii) that petitioner shall report for attendance at the Police Station concerned on every 7th day of January and July from the date of release from jail, failing which, this bail order will stand cancelled automatically without further reference to this court.
Accordingly, bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner-Jasmal S/o Biram in FIR No.241/2010, registered with Police Station Manoharthana, District Jhalawar 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.”
FATEH RAJ BOHRA, Sr. P.A.
1 issue framed by the court
Whether the petitioner deserves to be enlarged on bail given the similarity of his case to that of co-accords and his undertakings.
1 provisions across 1 enactments
Jasmal
State of Rajasthan
M.N. Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
