The High Court allowed a bail petition filed under Section 439 Cr.P.C. for the accused-petitioner arrested in connection with an FIR involving offences under IPC. The petitioner was ordered to be released on bail by executing a personal bond with sureties.
Petitioner released on bail via personal bond of Rs.1,00,000/- with two sureties 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. 3800 / 2018
Rewantram S/o Shri Natharam, by caste Jat, aged about 35 years, resident of Prahladpura, chammu, P.S. Dechu, District Jodhpur.
(at present lodged in Central Jail, Jodhpur)
----Petitioner
State of Rajasthan
----Respondent
For Petitioner(s) : Mr. Rajendra Charan For Respondent(s) : Mr. Ashok Upadhayay, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG Judgment / Order
26/04/2018
The petitioner has been arrested in connection with FIR No.29/2018 of Police Station Lohawat, District Jodhpur, for the offence punishable under Sections 147, 148, 450, 395, 436, 336 and 427/149 of IPC. He has preferred this bail application under Section 439 Cr.P.C.
Counsel for the petitioners submits that similarly situated coaccused has already been enlarged on bail and case of the petitioner is not distinguishable. 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 accused-petitioner.
Learned Public Prosecutor has opposed the bail application.
(2 of 2)
[CRLMB-3800/2018]
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 Rewantram S/o Shri Natharam, shall be released on bail in connection with FIR No.29/2018 of Police Station Lohawat, District Jodhpur, provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- 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.
Hanuman/34
2 issues framed by the court
Whether bail should be granted to the accused-petitioner who is in judicial custody pending trial.
Whether the petitioner is distinct from co-accused alreadyGranted bail.
1 provisions across 1 enactments
Rewantram S/o Shri Natharam
State of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
