In a bail application filed under Section 439 Cr.P.C., the court granted bail to the petitioner, a Bheel accused of culpable homicide and causing hurt, directing release on a personal bond with sureties pending trial.
Petitioner released on bail on a 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 Miscellaneous Bail Application No. 8196/2019
Laxman Maida S/o Hakru Maida, Aged About 60 Years, B/c Bheel, R/o Village Badlipada Bhapor Police Station Kotwali, Banswara District Banswara. (At Present Lodged In District Jail, Banswara)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Parikshit Nayak For Respondent(s) : Mr. Shrawan Bishnoi, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
20/07/2019
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. 51/2019 of Police Station Sadar, Banswara for the offences punishable under Sections 304 and 201 of IPC. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that allegation against the petitioner to commit culpable homicide is false. It is submitted that as a matter of fact, petitioner and the deceased were carrying big log of Babool tree and suddenly the deceased slipped on a slippery steps and got injured with the said log on his head and neck. It is submitted that sharp side of the log caused injury to the deceased and petitioner had no intention to
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kill the deceased and it is purely an accident. It is further submitted that charge-sheet has been filed in the matter and trial of the case will take time.
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 bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Laxman Maida S/o Hakru Maida shall be released on bail in connection with FIR No. 51/2019 of Police Station Sadar, 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
1 issue framed by the court
Whether bail should be granted to the accused charged with offences under Sections 304 and 201 of IPC?
1 provisions across 1 enactments
Laxman Maida
State Of Rajasthan
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
