The Court granted bail to the petitioner in a case involving culpable homicide and grievous hurt. Considering the petitioners judicial custody and likely long trial, continuous detention was deemed unwarranted.
Petitioner released on bail during pendency of trial subject to satisfaction of the Trial Court.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
O R D E R
S.B. CRIMINAL MISC. BAIL APPLICATION NO.7904/2016 SURESH KUMAR Vs. STATE OF RAJASTHAN
DATE:15.07.2016
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Mr. Sajid Ali, for the petitioner. Mr. N.S. Hada, Public Prosecutor for the State.
Present bail application has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in a case arising out of FIR No.87/2016, registered at Police Station Budadeet, Kota for the offences under Sections 307, 323, 324 and 504 IPC.
Counsel for the petitioner has submitted that it is alleged that petitioner had caused injuries with axe to his brother, namely Prem Shankar. Counsel for the petitioner has contended that injury found on the head of the injued has been declared as simple. It is further submitted that injured Prem Shankar was not hospitalized and is continuing with his day-to-day avocation. Counsel for the petitioner has submitted that petitioner was arrested on 13.06.2016.
Considering that period of police remand is already over, petitioner is in judicial custody and trial of the case will take a long time to conclude, this Court is of the view that continuous detention of the present petitioner, as an under trial, is not warranted.
Consequently, the present application is accepted and the petitioner is ordered to be released on bail during the pendency of the trial to the satisfaction of the trial Court.
(KANWALJIT SINGH AHLUWALIA),J.
/KKC/
1 issue framed by the court
Whether bail should be granted to the petitioner in a case involving offences under Sections 307, 323, 324 and 504 IPC given the completion of police remand and long trial timeline.
1 provisions across 1 enactments
Suresh Kumar
State of Rajasthan
Kanwaljit Singh Ahluwalia
As recorded by the court registry
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