The High Court allowed a bail application filed under Section 439 CrPC. The petitioner had been in custody for four years. The court allowed bail without expressing an opinion on the merits of the case.
Petitioner admitted to bail, subject to satisfaction of the Trial Court.
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.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. CRIMINAL MISC. BAIL APPLICATION NO. 9932/2018
Radheshyam S/o Sube B/c Gurjar, R/o Village Sone Ka Gurja, Police Station Badi, Distt. Dholpur Raj.
(Accused Petitioner In Judicial Custody In Central Jail Dholpur)
----Petitioner
Versus
State of Rajasthan Through PP
----Respondent
For Petitioner : Mr. Sumit Kumar Jain For Respondent : Mr. R.S. Raghav, P.P.
HON'BLE MRS. JUSTICE SABINA Order
12/09/2018
Defects pointed by the office are waived.
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No.254/2013 registered at Police Station Sarmathura, District Dholpur for the offence under Section 307 Indian Penal Code, 1860 and Section 3/25 of Arms Act, 1959.
Learned counsel for the petitioner has submitted that the petitioner is in custody since 10.9.2014. Injury on the person of the injured is on his left hand.
Learned State Counsel, has opposed the petition.
Keeping in view the fact that the petitioner is in custody for the last four years and without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to bail subject to satisfaction of the Trial Court.
(SABINA)J.
Mohita/10
1 issue framed by the court
Whether to grant regular bail to the petitioner despite lack of merit assessment?
1 provisions across 1 enactments
Radheshyam S/o Sube B/c Gurjar
State of Rajasthan Through PP
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
