In Smt. Krishna Kanwar vs State, the High Court of Rajasthan allowed a bail application filed under Section 439 CrPC, directing the release of the accused petitioner on bail subject to executing a personal bond.
Petitioner enlarged on bail under Section 439 CrPC with a personal bond of Rs. 2,00,000 with two sureties of Rs. 1,00,000.
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.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JAIPUR BENCH, JAIPUR S.B. Criminal Misc.Bail Application No.12564/2016 Smt. Krishna Kanwar vs State
Date of Order :: 30/9/2016
PRESENT HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA
Mr.Dinesh Yadav for the petitioner(s) Mr.Rishi Raj Singh PP for the State
This bail application has been filed under Section 439
CrPC.
Brief facts of the case are that an FIR No.227/2008 was lodged at Police Station Banipark, Jaipur for the offences mentioned therein, whereupon the investigation was commenced. During the course of investigation, the petitioner(s) was/were arrested. He/she/they moved the bail application before the court below, which was dismissed.
Learned counsel for the petitioner(s) has contended that petitioner is a lady and offence is triable by first class magistrate. No case is pending against the petitioner. He has further contended that the coaccused Mool Singh has been released on bail and the case of the petitioner is on better footing. He has further contended that the petitioner/s has/have falsely been implicated in the matter. He/They/She is/are in judicial lock up since long and conclusion of trial will take time. Hence he/she/they should be released on bail.
Learned PP appearing for the State has opposed the
same.
I have heard learned counsel for the parties and carefully perused the relevant material on record.
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Looking to the facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, I deem just and proper to enlarge the petitioner(s) on bail.
Therefore, this bail application is allowed and it is directed that accused petitioner(s) Smt. Krishna Kanwar wife of late Shri Amar Singh shall be released on bail under Section 439 CrPC in connection with aforesaid FIR provided he/she/they furnish(es) a personal bond of Rs. 2,00,000/- (Rs. Two Lakh) with two sureties of Rs. 1,00,000/- (Rs. One Lakh) 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.
om
1 issue framed by the court
Whether the petitioner should be released on bail under Section 439 CrPC pending trial.
1 provisions across 1 enactments
Smt. Krishna Kanwar
State
Mahesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
