Allowed

Subhash v. State of Rajasthan through Pp

Rajasthan HC9 Sept 2016CRLMB/11595/2016

Case brief

AI extract

What is this about?

The High Court allowed a bail application under Section 439 Cr.P.C. filed by the accused petitioner. The court directed his release upon furnishing a personal bond with two sureties, depositing a fine, and complying with specific conditions, while avoiding a detailed analysis of merits.

What did the court decide?

Accused petitioner Subhash released on bail under Section 439 Cr.P.C. with personal bond, sureties, fine deposit, and prohibition on Section 205 Cr.P.C. application.

Subhash Vs State of Rajasthan through Pp — Bail and Remand | Rajasthan HC (2016)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH

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ORDER

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S. B. ~rirni nal ~i sc. ~ai 1 ~ppl i cation NO. 11595/2016 subhash vs. he state of ~ajasthan

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9.9.2016

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HON'BLE MR.JUSTICE MAHESH CHANDRA SHARMA

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Mr. 0.P ~hajhria for the accused petitioner/s Mr. ish hi ~aj public Prosecutor for State.

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his bail application has been filed under section 439 Cr. P.C.

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grief facts of the case are that the complainant lodged an FIR No. 03/2010 at P.S. Bagar, ~i stri ct ~hunjhunu. hereafter the accused petitioner moved the bai 1 application before the tri a1 court whi ch was di smi ssed.

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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 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 submitted that the accused petitioner is in judicial custody since long and no purpose will be served in keeping him behind the bar. Hence, the accused petitioner be released on bai 1 .

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earned public prosecutor has opposed the bail appl i cati on. ~ooking 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 .

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heref fore, thi s bai 1 appl i cati on i s a1 lowed and it is directed that accused petitioner/s subhash s/o. shri mrayanrarn shall be released on

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bail under Section 439 Cr.P.C. in connection with the aforesai d FIR, provided he/she/they furni sh/es a personal bond in the sum of RS. 5,00,000/(Rupees five lacs) together with two sureties in the sum of ~s.2,50,000/(Rupees two lacs fifty thousand only) each to the satisfaction of the tri a1 court wi th the sti pu1 ati on that he/she/they shall appear before that court on 1 subsequent dates of hearing and as and when called upon to do so. he sureties shall be attested by the Revenue ~uthorities. ~t the time of execution of bail bonds, RS. 2,000/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 personal appearance until and unless any specifi c reason for his personal appearance from the court exists.

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(MAHW CHANDRA SHARMA) J .

Subhash v. State of Rajasthan through Pp

Case brief

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Subhash v. State of Rajasthan through Pp

Case brief

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