Single judge of Rajasthan Bench dismissed the third bail petition filed by Gurucharan under Section 439 CrPC. The court held that despite the parties' settlement, the gravity of the offence under Section 302 IPC precluded the grant of bail.
Bail petition dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous 3rd Bail Application No.
13607/2019
Gurucharan @ Bablu S/o Shri Yadram B/c Mali, R/o Nyamadpur Police Station Halena District Bharatpur Raj. (At Present In Central Jail Bharatpur)
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s)
For Respondent(s)
: Mr. Virendra Singh Badhwar, Advocate
: Mr. Ganesh Saini for the State
HON'BLE MRS. JUSTICE SABINA Judgment / Order
16/10/2019
Petitioner has filed this 3rd petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 289/2015 registered at Police Station Halena, District Bharatpur (Raj.) for offence under Sections 460, 302 Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and Section 3/25 of Arms Act, 1959.
Heard.
Earlier bail petition filed by the petitioner was dismissed on merits by this court vide order dated 21.02.2017.
It has been submitted by the learned counsel for the petitioner that parties have now amicably settled their dispute, however, offence in the present case is under Section 302 IPC. Hence, no ground for grant of bail to the petitioner is made out.
Dismissed.
(SABINA),J
Mohita /78
1 issue framed by the court
Whether bail should be granted to the petitioner under Section 439 CrPC given the amendment of parties' dispute and the gravity of the offence under Section 302 IPC.
1 provisions across 1 enactments
Gurucharan @ Bablu
State Of Rajasthan
SABINA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
