Allowed

Shambhu Lal v. State

Rajasthan HC25 Nov 2019CRLMB/13004/2019

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed multiple bail applications filed by accused persons charged under Sections 147, 148, 149, 302 of IPC for an encounter. The court observed that prosecution witnesses were not consistent and the matter appeared settled.

What did the court decide?

Petitioners released on bail upon furnishing personal bond of Rs.50,000 and two surety bonds of Rs.25,000 each to the satisfaction of the trial court.

Shambhu Lal Vs State — Murder and Culpable Homicide | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 14326/2019

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Ganesh Lal S/o Ram Lal Meena, Aged About 43 Years, R/o. Kachotiya, Tehsil Pipalkhont, District Pratapgarh.

¶4

Shanti Lal Meena S/o Laluram Meena, Aged About 28 Years, R/o. Dautad, P.s. Suhagpura, District Pratapgarh.

¶5

Manish S/o Mohan Lal Meena, Aged About 26 Years, R/o. Dautad, P.s. Suhagpura, District Pratapgarh.

¶6

Ishwar Lal S/o Kanhaiya Lal Meena, Aged About 27 Years, R/o. Dautad, P.s. Suhagpura, District Pratapgarh.

¶7

Dinesh @ Dilesh S/o Manna Lal Meena, Aged About 27 Years, R/o. Dautad, P.s. Suhagpura, District Pratapgarh.

¶8

Nana Lal S/o Vesta Meena, Aged About 40 Years, R/o. Dautad, P.s. Suhagpura, District Pratapgarh.

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Shanti Lal S/o Wala Meena, Aged About 30 Years, R/o. Dautad, P.s. Suhagpura, District Pratapgarh. (At Present Lodged At District Jail, Pratapgarh).

----Petitioners

Versus

State Of Rajasthan

----Respondent

Connected With

S.B. Criminal Miscellaneous Bail Application No. 12097/2019 Shiv Lal @ Shiva S/o Shambhu Lal Meena, Aged About 40 Years, R/o Dotad, Suhagpura, Dist. Pratapgarh, Rajasthan. (Presently Lodged In District Jail, Pratapgarh)

----Petitioner

Versus

State of Rajasthan

----Respondent

S.B. Criminal Miscellaneous Bail Application No. 13004/2019

¶21

Shambhu Lal S/o Dulji Meena, Aged About 60 Years, R/o. Dotad, Tehsil Suhagpura, District Pratapgarh. (At Present Lodged At District Jail Pratapgarh).

----Petitioner

Versus

(2 of 4)

[CRLMB-14326/2019 a/w connected matters]

¶26

State of Rajasthan

¶27

----Respondent

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S.B. Criminal Miscellaneous Bail Application No. 13005/2019 Labhchand S/o Dulji Meena, Aged About 60 Years, R/o. Dotad, Tehsil Suhagpura, District Pratapgarh. (At Present Lodged At District Jail Pratapgarh).

----Petitioner

Versus

State of Rajasthan

----Respondent

S.B. Criminal Miscellaneous Bail Application No. 14327/2019

¶34

Shri Bajrang S/o Jivraj Meena, Aged About 32 Years, R/o. Dotad, Police Station Shuhagpura, District Pratapgarh. (At Present In District Jail Pratapgarh).

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----Petitioner Versus State Of Rajasthan ----Respondent For Petitioner(s) : Mr. R. K. Charan Mr. Abhishek Charan (In CRLMB Nos.14326/2019, 13004/2019 & 13005/2019) Mr. Vikram Singh Rajpurohit (In CRLMB No.12097/2019) Mr. Neeraj Kumar Gurjar (In CRLMB No.14327/2019) For Respondent(s) : Mr. Farzand Ali, AAG-cum-GA assisted by Mr. Anda Ram Choudhary, PP Mr. Shambhoo Singh Rathore (In CRLMB No.12097/2019) for complainant

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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25/11/2019

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The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners who are in custody in

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(3 of 4) [CRLMB-14326/2019 a/w connected matters]

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connection with F.I.R. No.100/2019, Police Station Suhagpura, District Pratapgarh for the offence under Sections 147, 148, 149, 323, 325, 307 & 302 of IPC.

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Heard learned counsel for the parties. Perused the material available on record.

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Learned counsel for the petitioners submit that the material witnesses who have been examined before the learned trial Court have not supported the prosecution story, this fact is not disputed by the learned counsel for the complainant.

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Learned counsel for the petitioners, therefore submit that in the wake of the statements made before the learned trial Court more or less, the matter has been settled between the parties. He further submits that the deceased (Laxman) suffered only a single injury and there is no intention to cause death. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioners may be enlarged on bail.

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The learned Additional Advocate General-cum-Government Advocate as well as learned Public Prosecutor oppose the bail applications.

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Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail applications filed by the petitioners deserve to be accepted.

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Consequently, the bail applications are allowed. It is ordered that the accused-petitioners (1)Ganesh Lal S/o Ram Lal Meena, (2)Shanti Lal Meena S/o Laluram Meena, (3)Manish S/o Mohan Lal Meena, (4)Ishwar Lal S/o Kanhaiya Lal Meena, (5)Dinesh @ Dilesh

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(4 of 4)

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[CRLMB-14326/2019 a/w connected matters]

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S/o Manna Lal Meena, (6)Nana Lal S/o Vesta Meena, (7)Shanti Lal S/o Wala Meena, (8)Shiv Lal @ Shiva S/o Shambhu Lal Meena, (9)Shambhu Lal S/o Dulji Meena, (10)Labhchand S/o Dulji Meena, & (11) Shri Bajrang S/o Jivraj Meena arrested in connection with F.I.R. No.100/2019, Police Station Suhagpura, District Pratapgarh shall be released on bail; provided they furnish a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of the 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.

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(VINIT KUMAR MATHUR),J

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114-118 SunilS/-

Shambhu Lal v. State

Case brief

What is this about?

What did the court decide?

Shambhu Lal v. State

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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