The High Court of Rajasthan at Jodhpur allowed a second bail application filed by Mohan Lal under Section 439 Cr.P.C., directing his release on a personal bond with sureties pending the completion of the trial in offences under various sections of the IPC and Arms Act.
Petitioner released on bail via personal bond of Rs.50,000 with two sureties of Rs.25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. Second Bail Application No. 11177/2019
Mohan Lal S/o Thanwra, Aged About 35 Years, By Caste Khihuri Bheel, R/o Khodaleem, Sallopat Police Station, District Banswara.
(Lodged In District Jail Banswara).
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Mr. Mridul Jain For Respondent(s) : Mr. Laxman Solanki, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
12/09/2019
Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
The petitioner has been arrested in FIR No.44/2019 of Police Station Anandpuri, District Banswara for the offences punishable under Sections 341, 323, 324, 326 and 307 IPC and Section 4/25 of Arms Act. He has preferred this second bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that there is a delay of around 20 days in filing the complaint against the petitioner. It is also submitted that the injured, in her statements, has alleged that the petitioner inflicted injuries upon her body by a sward whereas as per the injury report, all the injuries on the body of the injured are blunt.
(2 of 2)
[CRLMB-11177/2019]
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.
Accordingly, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Mohan Lal S/o Thanwra shall be released on bail in connection with FIR No.44/2019 of Police Station Anandpuri, District Banswara 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.
(VIJAY BISHNOI),J
Abhishek Kumar S.No.98
1 issue framed by the court
Whether the petitioner deserves bail under Section 439 Cr.P.C. considering the delay in filing the complaint and discrepancies between the medical injury report and the injured's statement.
1 provisions across 1 enactments
Mohan Lal S/o Thanwra
State of Rajasthan
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
