Allowed

Suresh and Anr. v. State of Rajasthan through Pp

Rajasthan HC3 Sept 2015CRLMB/9503/2015

Case brief

AI extract

What is this about?

The court allowed a bail application filed by petitioners alleged to have opened fire in an incident resulting in one death and injuries to others. Despite recovery of used cartridges and prosecution objection, the judge, without expressing opinion on merits, enlarged petitioners on bail requesting personal bond and surety.

What did the court decide?

Petitioners released on bail in FIR No.61/2015 by furnishing personal bond of Rs.50,000/- and surety in like amount.

Suresh and Anr. Vs State of Rajasthan through Pp — Bail and Remand | Rajasthan HC (2015)

¶1

¶2

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

¶3

JAIPUR BENCH, JAIPUR

¶4

ORDER

¶5

SB Cr Misc Bail Application No.9503/2015

¶6

Suresh & anr versus State of Rajasthan 3.9.2015

¶7

HON'BLE MR. JUSTICE MN BHANDARI

¶8

Mr Biri Singh, Sr Adv with Mr Rahul Sinsinwar - for petitioners

¶9

Mr RR Baisla, PP – for the State

¶10

Mr Chandrabhan Gupta – for complainant

¶11

BY THE COURT:

¶12

Learned counsel submits that petitioners alleged to have opened fire, whereas, in the FIR, allegations have been made against accused Devlal @ Devla for opening fire. The deceased has received one gunshot injury and two ladies have not received injuries from gunshot and are swelling. Looking to the aforesaid, petitioners may be granted bail.

¶13

On the other hand, learned PP has opposed the bail application. It is submitted that allegations exist against the petitioners also as they have actively participated in the crime. Recovery of used cartridges is there from the place of occurrence

¶14

¶15

thus fire was opened by the petitioners also though the deceased may have received only one gunshot injury. In view of aforesaid, petitioners may not be granted bail.

¶16

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, looking to the facts of this case, I am of the view that the petitioners deserve to be enlarged on bail. Accordingly, bail application under section 439 CrPC is allowed. It is ordered that petitioners – Suresh and Babli @ Banti may be released on bail in FIR No.61/2015, registered with Police Station - Khoh, Bharatpur, provided each of them furnishes a personal bond in the sum of Rs.50,000/- together with one surety in the like amount each to the satisfaction of the learned trial court for their appearance before that Court on all subsequent dates of hearing and as and when called upon to do so.

¶17

(MN BHANDARI), J.

¶18

bnsharma

¶19

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

¶20

(BN Sharma) PS-cum-JW

Suresh and Anr. v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

Suresh and Anr. 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

Amita Patel Vs State Medical and Healthors

Suresh Chand Vs State

State of Rajasthan Vs S K D Agarwal

Manoj Kumar SHARMAandORS Vs State Home Departmentors

Pooran Singh Seera Vs State Home Departmentors

Jagdish Kumar Vs State of Rajasthan through Pp