High Court of Rajasthan entertained a bail application for offences under IPC sections 306, 341, and others. The court found it just and expedient to grant regular bail, subject to Trial Court satisfaction, without expressing an opinion on merits.
Petitioner admitted to bail subject to satisfaction of the Trial Court.
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.
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER
S.B. CRIMINAL MISC. BAIL APPLICATION NO.8366/2016
Jagdish son of Shriya Ram by caste Gurjar resident of Padli Badh, Tehsil Sikrai, District Dausa at present lodged in the Sub Jail, Bandikui, District Dausa
Vs.
State of Rajasthan through P.P.
Date of order : 17.10.2016
HON'BLE MRS. JUSTICE SABINA
Mr. Ashvin Garg, for the petitioner. Mr. R.R. Bisla, PP for the State
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No.364/2015 registered at Police Station, Sikandara, District Dausa, for offences under Sections 341, 323, 336, 325, 306, 34 of Indian Penal Code , 1860.
Learned counsel for the petitioner has submitted that it was a case of sudden fight. In-fact, the dispute arose as stray cattle had entered the fields of the complainant. It was suspected by the complainant that the stray cattle had been allowed to enter their fields by the accused. Although, as per the F.I.R. accused Timmi had pushed the deceased into the well, but during investigation it transpired that the deceased had lowered himself in the well with a view to teach a lesson to the petitioner side. The pipe with the help of which the deceased had lowered himself in the well, broke and as a result Battu Lal died. Petitioner is in custody since 08.06.2016. Challan has already been presented in the
Court.
Learned State Counsel on the other hand has opposed the petition.
Keeping in view the facts and circumstances of the case, it would be just and expedient to order the release of the petitioner on bail.
Accordingly, without expressing any opinion on merits of the case, this petition is allowed. Petitioner be admitted to bail subject to satisfaction of the Trial Court.
(SABINA), J.
Jyoti/37
2 issues framed by the court
Whether the petitioner should be granted regular bail in cases of sudden fight involving murder.
Whether release on bail is just and expedient in the facts of the case.
1 provisions across 1 enactments
Jagdish son of Shriya Ram
State of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
