Single judge order granting bail to the accused in a cognizance case involving lynching and attemptedmurder charges, citing lack of physical injury and completion of investigation.
Granted bail with a personal bond of Rs. 1,00,000/- and two surety bonds of Rs. 50,000/- each.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail No. 10778 / 2017
Kailash Jef Meena S/o Shri Jagdish Meena, R/o Jefon Ki Dhani, Village Barkhera, Police Station Shivdaspura, Distt. Jaipur. (at Present Confined in Central Jail, Jaipur)
----Petitioner
Versus
State of Rajasthan Through P.P.
----Respondent
For Petitioner(s) : Mr. Lokesh Sharma
For State : Mr. Rishiraj Singh, Public Prosecutor
HON'BLE MR. JUSTICE BANWARI LAL SHARMA
Order
07/09/2017
The present Misc bail application under section 439 Cr.P.C. is preferred by the Accused/ petitioner in the matter of FIR No. 136/2017 registered at Police Station Shivdaspura, District Jaipur for offences punishable under Sections 148, 307 of IPC and Section 3/25 of Arms Act.
Learned counsel for the petitioner submits that no-one has sustained any injury from firearm, petitioner is in custody since 12.04.2017. Co-accused Ashok and Mukesh Topi @ Mukesh Meena have already released on bail, investigation has been completed, charge-sheet has already been filed and trial shall take its own time, therefore petitioner may be released on bail.
Learned Public Prosecutor opposed the bail application.
I have considered the submissions made at bar.
(2 of 2)
[CRLMB-10778/2017]
On consideration of submissions made on behalf of the
respective parties and the material made available for my perusal, therefore without expressing any final opinion on the merit and de-merit of the case and specially considering the fact that no-one has sustained any injury from firearm, I am inclined to grant benefit of bail to the accused-petitioner.
Consequently, the bail application filed under Section 439 Cr.P.C. is allowed.
Therefore, it is ordered that the accused-petitioner Kailash Jef Meena S/o Shri Jagdish Meena in FIR No. 136/2017 registered at Police Station Shivdaspura, District Jaipur, shall be released on bail; provided he furnishes a personal bond of Rs. 1,00,000/- and two surety bonds of Rs. 50,000/- each to the satisfaction of the learned trial court with the stipulation to appear before the Trial Court on all dates of hearing and as and when called upon to do so.
(BANWARI LAL SHARMA)J.
S. Kumawat/48
1 issue framed by the court
Whether conditions of bail should be granted to the accused charged under IPC 148 and 307, considering no injury was sustained from the firearm.
1 provisions across 1 enactments
Kailash Jef Meena
State of Rajasthan
Banwari Lal Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
