The High Court of Rajasthan allowed a bail application under Section 439 Cr.P.C., releasing the petitioner on bail by personal bond and sureties, noting acquittals in most prior cases.
Petitioner released on bail under Section 439 Cr.P.C. by personal bond of Rs. 2,00,000 and two sureties of Rs. 1,00,000 each.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH
ORDER
S.B.CR. MISC. BAIL APPLICATION NO. 10069/2016 Kailash @ Keriya S/o Biradhi Chand, by caste Meghwal, R/o Nai Aabadi Babulda, P.S. Bhanpura, Distt. Mandsore (M.P.).
Accused/Petitioner.
State of Rajasthan
Respondent. . . . . . DATE OF ORDER . . . . . 07/09/2016
HON'BLE MR.JUSTICE MAHESH CHANDRA SHARMA
Mr. Ali Mo'hd. Khan, for the petitionerjs.
Mr. Rishi Raj Singh, Public Prosecutor for State.
Mr. Raeesh Mohammad, S.I., Bhawani Mandi, is present in court.
This bail application has been filed under Section 439 Cr.P.C.
Brief facts of the case are that an FIR No. 211/2016 was registered at P.S. Bhawani Mandi, Distt. Jhalawar for the offences mentioned therein against the accused petitioner. During the course of investigation, the accused petitioner(s) was/were arrested. Thereafter he/she/they moved the bail application before the trial court, who vide impugned order dismissed the same. Hence this bail application has been filed on behalf of the petitioner(s).
Learned counsel for the petitioner(s) has contended that the out of eight cases previously registered against the accused petitioner, he has been acquitted in six cases and at present except instant case, two other cases are pending against the accused petitioner. Counsel for the accused petitioner has submitted that the accused petitioner is in judicial custody since long and no purpose will be served in keeping him behind the bar, the trial of the case is likely to take considerable time. Counsel has further submitted that looking to the aforesaid
submissions, the bail application of the accused petitioner be accepted and the accused petitioner be released on bail.
Mr. Raeesh Khan SI present in court has submitted that only two cases are pending against petitioner.
On the other hand, learned Public Prosecutor 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(s) on bail.
Therefore, this bail application is allowed and it is directed that accused petitioner(s) Kailash @ Keriya S/o Biradhi Chand shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR provided he/she/they furnish(es) a personal bond in the sum of Rs.2,00,000/(Rupees two lac) together with two sureties in the sum of Rs.1,00,000/- (Rupees one lac) each to the satisfaction of the trial court with the stipulation that he/she/they shall appear before that court on all subsequent dates of hearing and as and when called upon to do so. The judgments of acquittal, copies of which supplied by the counsel for the accused petitioner. are taken on rewd.
1 issue framed by the court
Whether the petitioner is entitled to be released on bail considering his acquittals in six of eight prior cases and pendency of two other cases.
1 provisions across 1 enactments
Kailash @ Keriya
State of Rajasthan
Mahesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
