In this bail application, the High Court of Rajasthan allowed the petitioner's second appeal under Section 439 Cr.P.C. without expressing an opinion on merits due to prolonged custody of 335 days and only 8 out of 12 prosecution witnesses examined in the trial.
Petitioner released on bail on personal bond of Rs. 50,000 with two sureties of like amount.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. Bail No. 6923/2018
Raju Ram S/o Shri Chhoga Ji, Aged About 29 Years, B/c Bishnoi, R/o Village Bhatip, Karda Police Station, (Lodged In Sub Jail, Abu Road)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) For Respondent(s)
: Mr. Vijay Raj Bishnoi : Mr. S.K. Vyas, A.A.G.
HON'BLE MR. JUSTICE P.K. LOHRA
Order
20/09/2018
Heard learned counsel for the petitioner as well as learned Additional Advocate General on this second bail application under Section 439 Cr.P.C.
At present, accused-petitioner is facing trial for offence under Sections 379 and 411 I.P.C. in Criminal Original Case No.627/2017, pending before Judicial Magistrate, Abu Road, District Sirohi. The aforesaid case is registered against the petitioner pursuant to F.I.R. No.45/2017 of Police Station Abu Road Sadar, District Sirohi.
First bail application on behalf of petitioner was dismissed as not pressed on 25.10.2017.
Arguing on this second bail application, it is submitted by learned counsel that petitioner is in custody since 30.08.2017 and so far during trial out of 12 prosecution witnesses only 8 have been examined. Learned counsel has further argued that
(2 of 2) [CRLMB-6923/2018]
considering the prolonged custody of petitioner during trial, he may be enlarged on bail in the backdrop of offences, which are triable by Magistrate.
Learned Additional Advocate General has vehemently opposed the second bail application of petitioner.
Having regard to the facts and circumstances of the case, without expressing any opinion on the merits, I feel persuaded to enlarge the petitioner on bail.
Accordingly, the second bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner, Raju Ram S/o Shri Chhoga Ji, arrested in connection with F.I.R. No.45/2017 of Police Station Abu Road Sadar, District Sirohi, may be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two sureties of like amount to the satisfaction of 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.
Anil Kumar Choudhary/173
1 issue framed by the court
Whether the petitioner should be enlarged on bail considering prolonged custody and that the offences are triable by Magistrate.
1 provisions across 1 enactments
Raju Ram
State Of Rajasthan
P.K. Lohra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
