The Court allowed the bail application filed under Section 439 Cr.P.C. by Om Prakash, accused of offences under Sections 341 and 326-A IPC. The grant was issued on the submission that the matter was compromised between the petitioner and the complainant.
Petitioner released on bail by executing 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. 8588/2019
Om Prakash S/o Shri Bhura Lal, Aged About 54 Years, By Caste Soni, Resident Of Barhath Ki Haveli, Shahpura Police Station, Shahpura, District Bhilwara. (Confined In Sub Jail, Shahpura).
----Petitioner
Versus
State, Through P.p.
| ----Respondent | |||
|---|---|---|---|
| For Petitioner(s) | : | Mr. TRS Sodha | |
| For Respondent(s) | : | Mr. S.K. Bhati, PP | |
| Mr. Abdul Kalam, for | complainant |
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
24/07/2019
Heard learned counsel for the parties and perused the material available on record.
The petitioner(s) has/have been arrested in FIR No.220/2019 of Police Station Shahpura, Distt. Bhilwara for the offence(s) punishable under Section(s) 341 and 326-A IPC. He/she/they has/have preferred this/these bail application(s) under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that petitioner and the complainant are relatives and on account of some trivial issue, quarrel took place between them. It is further submitted that now the matter has been compromised between the parties.
(2 of 2) [CRLMB-8588/2019]
Learned Public Prosecutor has opposed the bail application, however, learned counsel for the complainant has verified the fact that compromise has been arrived at between the parties.
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 petitioner(s) under Section 439 Cr.P.C.
Accordingly, this/these bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) – Om Prakash S/o Shri Bhura Lal shall be released on bail in connection with FIR No.220/2019 of Police Station Shahpura, Distt. Bhilwara provided he/she/they execute(s) a personal bond in the 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/her/their 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
256-msrathore/-
1 issue framed by the court
Whether bail can be granted to the petitioner despite the Public Prosecutor's opposition, considering the alleged compromise between the parties.
1 provisions across 1 enactments
Om Prakash S/o Shri Bhura Lal
State
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
