The High Court at Jodhpur disposed of a bail application under Section 439 Cr.P.C. by granting bail to the accused, directing release on a personal bond with sureties, without expressing an opinion on the merits of the case.
Petitioner released on bail with a personal bond of Rs.50,000 and two sureties of Rs.25,000 each.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. Bail No. 37/2019
Vijay Paswan @ Chandan @ Jija S/o Ramswaroop, Aged About 32 Years, R/o Majhgama, Police Station Partapur, District Chatra, Jharkhand, At Present Amli Bazar, Biloda, Police Station Biloda, District Sabarkantha, Gujrat.
(Accused Is Presently Lodged In Jail Dungarpur)
----Petitioner
Versus
State of Rajasthan through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. R.S. Mankad For Respondent(s) : Mr. A.S. Rathore, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
08/01/2019
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.77/2017 of Police Station Sadar, District Dungarpur for the offence punishable under Section 394/34 IPC. He has preferred this bail application under Section 439 Cr.P.C.
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.
(2 of 2) [CRLMB-37/2019]
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Vijay Paswan @ Chandan @ Jija S/o Ramswaroop shall be released on bail in connection with FIR No.77/2017 of Police Station Sadar, District Dungarpur 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.144
1 issue framed by the court
Whether bail should be granted under Section 439 Cr.P.C. despite opposition by the Public Prosecutor.
1 provisions across 1 enactments
Vijay Paswan @ Chandan @ Jija
State of Rajasthan
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
