High Court allowed bail to four accused charged with exceeding licensed explosive quantities under Explosive Substances Act. Court prioritized bail discharge without expressing opinion on case merits, requiring personal bonds and sureties.
Accused released on bail via personal bond of Rs. 50,000 with one surety of like amount.
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.
Bail Application – 13130/2016
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR
S.B. Cr. Misc. Bail Application No. 13130/2016
Versus
State of Rajasthan through P.P.
Date of Order : 24.10.2016
HON'BLE MR. JUSTICE M.N. BHANDARI
Mr. Rajeev Surana, for the accusedapplicants.
Mr. RR Baisla, Public Prosecutor – for the State.
Bail Application – 13130/2016
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By the Court:
Heard learned counsel for the accused-applicants as well as learned Public Prosecutor and perused the record of the case.
It is stated that accused-applicants supplied explosives under license. The allegation is for keeping quantity in excess than what is permitted. Its use has not been disputed, which is basically in the mines and a day after the crime, explosives were used for mining purposes. Looking to the aforesaid, the petitioners may be enlarged on bail.
Learned Public Prosecutor has opposed the bail application.
After considering rival submissions of the parties and without expressing any opinion on merits of the case, which may otherwise affect outcome of the trial but looking to the facts of this case, I am of the view that the accused-applicants deserve to be enlarged on bail.
Bail Application – 13130/2016
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Accordingly, this bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-applicants (1) Manohar Lal Gurjar S/o Shri Bhagirath Mal (2) Sukhbeer Singh S/o Shri Girdhari Singh (3) Ratan Lal S/o Shri Jai Singh and (4) Ramavtar S/o Shri Birbal Yogi in FIR No.669/2016 registered at Police Station Kotputli, District Jaipur for offence under Section 4 & 5 of Explosive Substances Act1908 be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- together with one surety in the like amount to the satisfaction of the learned trial court for their appearance before the court on all subsequent dates of hearing and as and when called upon to do so.
S/No.34 sunita
1 issue framed by the court
Whether accused supplying explosives in excess of licensed quantity qualify for bail without merit determination.
2 provisions across 2 enactments
Manohar Lal Gurjar
Sukhbeer Singh
Ratan Lal
Ramavtar
State of Rajasthan
M.N. BHANDARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
