Allowed

Jaspal v. State

Rajasthan HC18 Sept 2019CRLMB/10339/2019

Case brief

AI extract

What is this about?

Justice Vijay Bhishnoi, in a bail application for offences under Sections 498-A and 304-B IPC, directed the release of the petitioner on bail. The petitioner argued that prosecution witnesses improved their statements to fabricate dowry demands. The court granted bail without expressing an opinion on merits, requiring a personal bond and two sureties.

What did the court decide?

Petitioner Jaspal released on bail via personal bond of Rs.50,000 and two sureties of Rs.25,000 each.

Jaspal Vs State — Cheque Dishonour | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous 3^rd Bail Application No. 10339/2019

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Jaspal S/o Shri Somnath, Aged About 31 Years, Resident Of Rattewala, Tehsil Padampur, District Sri Gangangar (Raj.). (At Present Lodged In Central Jail, Sri Ganganagar).

----Petitioner

Versus

State of Rajasthan

----Respondent

For Petitioner(s) : Mr. S.K. Vyas For Respondent(s) : Mr. S.K. Bhati, Public Prosecutor

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Judgment / Order

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18/09/2019

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Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

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The petitioner has been arrested in FIR No.78/2016 of Police Station Padampur, District- Sri Ganganagar for the offences punishable under Sections 498-A & 304-B IPC. He has preferred this third bail application under Section 439 Cr.P.C.

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Learned counsel for the petitioner has submitted that after rejection of the second bail application of the petitioner, statements of the father and brother of the deceased have been recorded before the trial Court as P.W.-1 and P.W.-2 respectively. It is argued that from the perusal of those statements, it is clear that no specific allegation regarding demand of dowry has been levelled against the petitioner and only omnibus allegations have been levelled. Learned counsel for the petitioner has further

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(2 of 2) [CRLMB-10339/2019]

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submitted that the above two prosecution witnesses have improved a lot from their statements given during the police investigation. Learned counsel has submitted that as a matter of fact, the deceased committed suicide by burning herself, however later on, her family members lodged a false case against the petitioner. It is further submitted that there is no involvement of the petitioner in the commission of crime.

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Learned Public Prosecutor has opposed the bail application. 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.

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Accordingly, this third bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Jaspal S/o Shri Somnath shall be released on bail in connection with FIR No.78/2016 of Police Station Padampur, District- Sri Ganganagar provided he executes a personal bond in a sum of Rs.50,000/with two sound and solvent sureties of Rs.25,000/- 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.

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(VIJAY BISHNOI),J

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Ravi Kh./8

Jaspal v. State

Case brief

What is this about?

What did the court decide?

Jaspal v. State

Case brief

What is this about?

What did the court decide?

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