The High Court of Rajasthan allowed a bail application filed by two accused persons arrested under Sections 307 and 341 IPC. The court granted bail subject to execution of a personal bond with sureties.
Release of petitioners on bail in connection with FIR No.334/2018 via personal bond of Rs.50,000 with two sureties of Rs.25,000 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 AT JODHPUR
S.B. Criminal Misc II. Bail No. 11736/2018
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. MS Rajpuorhit For Respondent(s) : Mr. AS Rathore, pp
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
27/11/2018
Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record.
The petitioners have been arrested in connection with FIR No.334/2018 of Police Station Kudi Bhagtasani, District Jodhpur for the offences punishable under Sections 341, 323, 379, 307, 427/34 IPC. They have preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that from the injury report of injured Bhanram, it is clear that all the injuries on his body are simple in nature, however the police has filed charge-sheet against the petitioners for the offence punishable under Section 307 IPC. Learned counsel for the petitioner has
(2 of 2)
[CRLMB-11736/2018]
submitted that petitioners are in custody since long and trial of the case will take time.
Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.
Accordingly, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioners Sahiram S/o Sh. Chokharam and Rajkumar S/o Sh. Sumerram shall be released on bail in connection with FIR No.334/2018 of Police Station Kudi Bhagtasani, District Jodhpur provided each of them executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his/her appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(VIJAY BISHNOI),J
Surabhii/119
2 issues framed by the court
Whether bail should be granted to the petitioners under Section 439 Cr.P.C.
Whether the severity of injuries on the victim precludes bail despite allegations of Section 307 IPC.
1 provisions across 1 enactments
Sahiram S/o Sh. Chokharam
Rajkumar S/o Sh. Sumerram
State Of Rajasthan
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
