Single judge order granting bail to petitioner Phoolchand under Section 439 Cr.P.C. after perusing prosecution material without expressing final opinion on case merits.
Accused-petitioner to be released on bail with personal bond of Rs. 50,000 and two surety bonds of Rs. 25,000 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.11039/2015 (Phoolchand Vs. State of Rajasthan)
Date of Order ::: 19.08.2016
HON'BLE MR. JUSTICE PRASHANT KUMAR AGARWAL
Mr. Dinesh Kumar Garg, for the petitioner. Mr. Jitendra Shrimali, Public Prosecutor for the State.
Heard learned counsel for the parties.
On consideration of submissions made on behalf of the respective parties and the material made available for my perusal as well as the evidence collected during investigation which has been placed on record by way of copy of the charge-sheet and also the statements of some of the material prosecution witnesses so far recorded during trial, copy of which has also been made available on record, but without expressing any final opinion on the merit and demerit of the case, I am inclined to enlarge the petitioner on bail under Section 439 Cr.P.C.
Consequently, the bail application filed under Section 439 Cr.P.C. is allowed.
It is ordered that the accused-petitioner-Phoolchand son of Shri Radheyshyam, in FIR No.102/2015, registered at Police Station Modak, District Kota, shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- (Rupees Fifty thousand only) and two surety bonds of Rs.25,000/- (Rupees Twenty Five thousand only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(PRASHANT KUMAR AGARWAL), J
teekam S.No.7
2 issues framed by the court
Whether the accused-petitioner can be granted bail under Section 439 Cr.P.C. without final expression of opinion on the merit of the case.
Whether the prosecution material on record justifies the enlargement of the petitioner on bail.
1 provisions across 1 enactments
Phoolchand
State of Rajasthan
Prashant Kumar Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
