This bail application was allowed. The High Court directed the release of the accused-petitioner who had been in detention for 18 months, requiring a personal bond along with a surety for appearance in the trial court.
Bail allowed on execution of personal bond in Rs.50,000/- and one surety in like amount.
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1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR
S.B. Criminal Misc. II Bail Application No.7029/2016
Shiv Prasad Versus State of Raj.
DATE OF ORDER : 19/08/2016
HON'BLE MR. JUSTICE M.N. BHANDARI
Mr. Rajneesh Gupta, for petitioner Mr. R.S. Raghav, P.P., for the State
Heard learned counsel for the parties and perused the record of the case.
It is stated that petitioner is behind bars for last 18 months. The charges have already been framed but no witness has been examined till date in the case triable by Magistrate. The petitioner may be enlarged on bail. He undertakes not to commit same or other offence during the period of bail, if granted.
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 petitioner deserves to be enlarged on bail on the following undertaking of the petitioner:
(i) that petitioner shall not commit any offence during the period of bail, otherwise, the order granting bail today shall stand cancelled automatically without reference to this court.
2
Accordingly, second bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner-Shiv Prasad S/o Shri Ramkishore in FIR No.29/2015, registered with Police Station Sainthal, District Dausa be released on bail provided he 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 his appearance before the court on all subsequent dates of hearing and as and when called upon to do so.
[M.N.BHANDARI], J.
FRBOHRA
2 issues framed by the court
Whether the petitioner deserves enlargement on bail while behind bars for 18 months with charges framed but no witness examined.
Whether the petitioner's undertaking not to commit further offences is sufficient condition for grant of bail.
1 provisions across 1 enactments
Shiv Prasad
State of Raj.
M.N. Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
