Allowed

Thanaram v. State of Rajasthan

Rajasthan HC6 Nov 2019CRLMB/975/2019

Case brief

AI extract

What is this about?

The High Court allowed the second bail application filed by the petitioner, an accused person awaiting trial. The court observed that a co-accused in the same case had been granted bail and found the present case facts to be identical, thus deeming the petitioner eligible for bail under Section 439 Cr.P.C. Petitioner ordered released on bond.

What did the court decide?

Petitioner released on bail subject to personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each to be approved by trial court.

Thanaram Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Miscellaneous 2^nd Bail Application No. 975/2019

¶3

Thanaram S/o Sh. Mangilal, Aged About 21 Years, By Caste Baori, Resident Of Village Pratapgarh- Jhumpa, Police Station Sadri, District Pali (Raj.)

¶4

(Presently Lodged In Sub Jail, Bali, District Pali)

----Petitioner

Versus

State Of Rajasthan

----Respondent

For Petitioner(s)	: Mr. Jhavar Prakash Chhangani
	Mr. Vijay Kumar Chouhan
For Respondent(s)	: Mr. Mahipal Bishnoi, PP

¶10

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

¶11

Order

¶12

06/11/2019

¶13

The present 2^nd bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR No.191/2017, Police Station Sadri, District Pali for the offence punishable under Sections 455, 323, 354, 302 read with Section 34 of IPC.

¶14

The first bail application of the petitioner was dismissed on 21.08.2018 by this Court.

¶15

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

¶16

It is submitted on behalf of the petitioner that after dismissal of the first bail application of the petitioner, the co-accused Mangilal has already been granted bail by this Court vide order

¶17

(2 of 2)

¶18

[CRLMSB-975/2019]

¶19

dated 23.10.2019 and the case of the present petitioner is not distinguishable from the case of the co-accused who has already been released on bail by this Court.

¶20

The learned Public Prosecutor opposes the bail application but he is unable to distinguish the case of the present petitioner vis-a-vis the case of the co-accused person who has been enlarged on bail.

¶21

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and considering the fact that the case of the present petitioner is identical to coaccused aforesaid who has been enlarged on bail by this Court, this Court is of the opinion that the petitioner is also entitled for the grant of bail under Section 439 Cr.P.C.

¶22

Consequently, the 2^nd bail application is allowed. It is ordered that the accused-petitioner Thanaram S/o Sh. Mangilal arrested in connection with FIR No.191/2017, Police Station Sadri, District Pali, shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two sureties 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.

¶23

(VINIT KUMAR MATHUR),J

¶24

20-SunilS/-

Thanaram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Thanaram v. State of Rajasthan

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

Coram

Case details

Similar cases

Vinod Kumar Vs State of Rajasthan

Sureya Bano Vs State

Tulsi Ram Vs State of Rajasthan

Anita Vs State of Rajasthan

Ramesh Chand Vs State of Rajasthan

Ruparam Vs State of Rajasthan