Allowed

Bheru Lal v. State of Rajasthan through Pp

Rajasthan HC14 Jul 2016CRLMB/8390/2016

Case brief

AI extract

What is this about?

This order granted regular bail to the petitioner under Section 439 Cr.P.C. relying on a coordinate bench order where bail was granted to co-accused due to a compromise, finding continued detention unwarranted.

What did the court decide?

Petitioner ordered to be released on bail pending trial, subject to furnishing personal and two surety bonds to the satisfaction of the trial court.

Bheru Lal Vs State of Rajasthan through Pp — Bail and Remand | Rajasthan HC (2016)

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[1] SB CRIM. MISC. BAIL 8390/2016

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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O R D E R

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S.B. CRIMINAL MISC. BAIL APPLICATION NO.8390/2016 BHERU LAL Vs. THE STATE OF RAJASTHAN

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DATE:14.07.2016

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HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

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Mr. Ajay Sharma, for the petitioner. Mr. Jitendra Shrimali, Public Prosecutor for the State. *****

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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

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No.64/2016, registered at Police Station Sunel, District Jhalawar for the offences under Sections 341, 323 and 308/34 IPC.

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Counsel for the petitioner has relied on order dated 30.06.2016 passed by the coordinate Bench of this Court in S.B. Criminal Misc. Bail Application No.7466/2016- Bheru Lal & Ors. Vs. State of Rajasthan , to contend that compromise has been arrived between the parties. The order granting bail to the co-accused of the petitioner in the above-said S.B. Criminal Misc. Bail Application reads as under:-

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“Learned counsel for the petitioners submits that parties are entered into compromise and prima facie offence under Section 308 IPC is not made out. Therefore, petitioners may be released on bail.

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Learned Public Prosecutor has opposed the bail application.

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On consideration of submissions made on behalf of the respective parties and the material made available for my perusal, but without expressing any final opinion on the merit and demerit of the case, I am inclined to grant benefit of bail to the accused-petitioners. The bail application filed under Section 439 Cr. P.C. is allowed.

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It is ordered that the accused-petitioners namely (1) Bheru Lal S/o Radheshyam (2) Ramkishan S/o Mangilala & (3) Dinesh S/O Birdhilal in F.I.R. No. 64/16, registered at Police Station Sunel, District Jhalwar, shall

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[2] SB CRIM. MISC. BAIL 8390/2016

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be released on bail; provided each of them furnishes a personal bond of Rs. 50,000/- and two surety bonds of Rs. 25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.”

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Counsel for the petitioner has submitted that since compromise

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has been arrived between the parties, therefore, there are bleak chances of conviction. The petitioner is stated to be in custody since 25.05.2016.

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Considering that petitioner is in judicial custody and the order passed in the case of co-accused of the petitioner by the coordinate Bench, this Court is of the view that continuous detention of the present petitioner,

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as an under trial, is not warranted.

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Consequently, the present application is accepted and the petitioner is ordered to be released on bail during the pendency of the trial

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to the satisfaction of the trial Court.

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(KANWALJIT SINGH AHLUWALIA),J.

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/KKC/

Bheru Lal v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

Bheru Lal v. State of Rajasthan through Pp

Case brief

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What did the court decide?

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