High Court of Rajasthan allowed bail for three accused petitioners arrested under various IPC sections. The court directed release on bail with a personal bond and sureties without expressing an opinion on merits.
Petitioners released on bail on personal bond of Rs.2,00,000/- with two sureties of Rs.1,00,000/- 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
O R D E R
S.B. Criminal Misc. Bail Application No.11251/2016 Shribhan & Ors. Vs. State of Rajasthan 1.9.2016
HON'BLE MR.JUSTICE MAHESH CHANDRA SHARMA
Mr. Satyapal Poshwal for the accused petitioner/s Mr. R.S. Shekhawat Public Prosecutor for State.
This bail application has been filed under Section 439 Cr.P.C.
Brief facts of the case are that the complainant lodged an FIR No. 43/2016 at P.S. Gari Bajana District Bharatpur for the offence under sections 143, 323, 341, 307 and 447 IPC. During the course of investigation the accused petitioner/s was/were arrested. Thereafter, he/ they moved bail application before the trial court, which was dismissed, hence this bail application before this Court.
Learned counsel for the accused petitioners has submitted that against accused petitioner No.1- Shribhan- except this case, one case is also pending, against accused petitioner No.2Lokendra except present case, one case is pending and no case is pending against petitioner No.3Natawar. Counsel has further submitted that accused petitioners have not inflicted any injury on the person of injured which is dangerous to life. Counsel has further submitted that the accused petitioners are in judicial lock up since long and no purpose will be served in keeping them behind the Bar, hence the accused petitioner/s be released on bail.
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 (1) Shribhan s/o Hari Singh, (2) Lokendra s/o Hari Singh and (3) Natawar s/o Mukat shall be released on bail under Section 439 Cr.P.C. in connection with the aforesaid FIR, provided he/she/they furnish/es a personal bond in the sum of Rs.2,00,000/- (Rupees two lacs) 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.
(MAHESH CHANDRA SHARMA)J.
Sharma NK
1 issue framed by the court
Whether petitioners should be granted bail under Section 439 Cr.P.C. in offenses under Sections 143, 323, 341, 307 and 447 IPC.
1 provisions across 1 enactments
Shribhan
Lokendra
Natawar
State of Rajasthan
Mahesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
