The High Court allowed the petitioner's second bail application under Section 439 Cr.P.C., releasing him on a personal bond and two surety bonds, despite opposition from the Public Prosecutor.
Release of the accused-petitioner on bail by furnishing 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 AT JODHPUR
S.B. Criminal Misc. Bail No. 11990/2018
Genaram S/o Bhikaram Ji, aged about 44 years, B/c Seervi, R/o Dhanda, Teh. Bali, Dist. Pali. (Presently Lodged At Dist. Jail, Pali)
----Petitioner
Versus
State of Rajasthan Through PP
| -- | --Respondent | |
|---|---|---|
| For Petitioner(s) | : Mr. Vineet Jain. |
|
| For Respondent(s) | : Mr. Arjun Singh, PP. |
|
| For Complainant | : Mr. Ripu Daman Singh. |
HON'BLE MR. JUSTICE P.K. LOHRA
Order
04/12/2018
Arrested in connection with FIR No.80/2016 of Police Station Falna, District Pali, for offences punishable under Sections 147, 148 and 302/149 IPC, accused-petitioner has laid this second bail application under Section 439 Cr.P.C.
First bail application of the petitioner was dismissed on 16.02.2017
Learned counsel for the petitioner submits that co-accused, Dinesh Singh & Vasudev have already been enlarged on bail and the case of present petitioner is not distinguishable from them, therefore, he may be enlarged on bail.
Learned Public Prosecutor as well as learned counsel for the complainant has vehemently opposed the bail application.
(2 of 2) [CRLMB-11990/2018]
Having heard learned counsel for the petitioner as well as
learned Public Prosecutor and taking into account totality of circumstances, without expressing any opinion on merits of the case, I feel inclined to grant indulgence to the petitioner.
Accordingly, the second bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner, Genaram S/o Shri Bhikaram, arrested in connection with FIR No.80/2016, Police Station Falna, District Pali, may be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- with two surety bonds of Rs.50,000/- 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.
(P.K. LOHRA),J
130-a.asopa/-
1 issue framed by the court
Whether the accused-petitioner should be granted bail in the second bail application.
1 provisions across 1 enactments
Genaram S/o Bhikaram Ji
State of Rajasthan Through PP
P.K. LOHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
