Single judge order granting bail to a 71-year-old petitioner, Subhash Chand, suffering from cervical spine issues, in a case involving IPC sections 323, 324, and 452, ordering release on surety bond with fine deposit.
Petitioner released on bail under section 439 Cr.P.C. on personal bond of Rs. 5,00,000 with two sureties of Rs. 2,50,000 each.
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P
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH
ORDER
S.B. criminal ~isc. Bail ~pplication ~0.11581/2016 subhash chand vs. state of ~ajasthan
9.9.2016
HON'BLE MR.JUSTICE MAHESH CHANDRA SHARMA
Mr. v.S ~adhwar for the accused petitioner/s Mr. is hi ~aj public Prosecutor for State.
his bail application has been filed under section 439 Cr. P.C.
Brief facts of the case are that the complainant lodged an FIR No. 95/1986 at P.S. Kaman ~istrict ~haratpur. hereafter the accused petitioner moved the bai 1 application before the trial court which was dismissed.
earned counsel for the accused petitioner has submitted that the accused petitioner was on bail during the course of trial and on the date fixed ( that is 17.2.1993) before the learned court below, he could not appear as a result of which his bail bonds were forfeited and he was summoned through arrest warrant. counsel has further submi tted that the accused petitioner is approx. 71 years of age and is an aged person. counsel has further submitted that the offences punishable under sections 323 and 324 IPC are bailable and the offence punishable under section 452 IPC is nonbailable and triable by ~agistrate of 1st class. counsel has further submitted that from registration of the case 1.e 1986 to 1993, the trial of the case was not concluded by the trial court for the last approx. 7 years. Counsel has further submitted that if the accused petitioner would have confessed the guilty, there might be possibility of giving benefit of probation to the accused petitioner under sections 4 and 12 of the
probation of offenders ~ct. counsel during the course of arguments has submitted the documents such as; medical prescription issued by pt. B.D. sharma, post ~raduate ~nsti tute of ~edi ca1 ~ci ences, ~ohtak wherein it is specifically mentiond that the petitioner is suffering from disease of cervical spine (CEMR) in c-5 to c-6 and because of aforesaid disease his nervous system has been badly affected. counsel has also submitted the photo copy of the ~adhar card from which it is clear that the accused petitioner is 71 years of age. counsel undertakes that th accused peti ti oner wi 11 not move any appl i cation under section 205 Cr.P.C for personal exemption unti 1 and un1 ess some speci a1 ci rcumstances ari ses on the date/s fixed for his personal appearance. counsel has further submitted that the accused petitioner is ready to deposit the amount of fine, whi ch this Court imposes. Looking to the aforesai d facts and the documents, the accused petitioner be re1 eased on bai 1 . Learned pub1 i c Prosecutor has opposed the bai 1 appl i cati on.
Looking to the facts and circumstances of the case and also the documents submitted above, but without expressing any opinion on the merits and demerits of the case, I deem it just and proper to release the peti tioner/s on bai 1. heref fore, thi s bai 1 appl i cati on i s a1 1 owed and it is directed that accused petitioner/s subhash Chand s/o ~harurarn shall be released on bail under section 439 Cr. P.C. in connection with the aforesaid FIR, provided he/she/they furni sh/es a personal bond in the sum of ~s.5,00,000/(~upees five lacs) together with two sureties in the sum of Rs.2,50,000/(Rupees two lacs fifty thousand only) 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 ad when called upon to do
%,
so. he sureties shall be attested by the Revenue Authorities. ~t the time of execution of bail bonds, RS. 23,000/shall be deposited as fine before the tri a1 court and thereafter, the accused petitioner shall be re1 eased on bai 1 . he accused petitioner shall not move any application under section 205 Cr. P.C before the learned trial court for his persona1 appearance until and unless any speci fi c reason for his persona1 appearance from the court exists.
1 issue framed by the court
Whether a 71-year-old petitioner suffering from cervical spine disease should be granted bail under section 439 Cr.P.C. considering the bailable/offences and prolonged trial.
3 provisions across 2 enactments
Subhash Chand
State of Rajasthan
Mahesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
