The High Court of Rajasthan at Jodhpur granted bail to an accused petitioning under Section 439 Cr.P.C. in a case involving sections of IPC, Rajasthan Excise Act, and Arms Act, directing release upon execution of a personal bond with sureties.
Petitioner released on bail upon execution of a personal bond of Rs.80,000/- with two sureties of Rs.40,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. Bail No. 3420 / 2018
Suresh Kumar Son of Shri Gulba Ram, Aged About 28 Years, By Caste Dama, Resident of Kagwas, Madwa Police Station, District Udaipur. (Lodged in Central Jail, Udaipur)
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Mr. DS Udawat
For Respondent(s) : Mr. AS Rathore, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
13/04/2018
The petitioner has been arrested in connection with FIR No.63/2017 of Police Station Mandwa, District Udaipur for the offence punishable under Sections 332, 353, 224, 307 IPC, Section 19/54 of Rajasthan Excise Act and Section 3/25 of Arms Act. He has preferred this bail application under Section 439 Cr.P.C.
Counsel for the petitioner submits that similarly situated coaccused has already been released on bail by this Court and the case of the present accused-petitioner is similar to that of the coaccused. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accusedpetitioner.
Learned Public Prosecutor has opposed the bail application.
(2 of 2)
[CRLMB-3420/2018]
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 petitioner under Section 439 Cr.P.C.
Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Suresh Kumar Son of Shri Gulba Ram shall be released on bail in connection with FIR No.63/2017 of Police Station Mandwa, District Udaipur provided he executes a personal bond in a sum of Rs.80,000/- with two sound and solvent sureties of Rs.40,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(MANOJ KUMAR GARG) J.
ms/-41
1 issue framed by the court
Whether bail should be granted to the accused-petitioner under Section 439 Cr.P.C. given the delay in trial and comparison with co-accused.
1 provisions across 1 enactments
Suresh Kumar
State of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
