The High Court granted bail to two petitioners accused under various IPC sections for offenses committed in heat of passion involving mutual injuries, allowing release upon personal and surety bonds.
Petitioners released on bail furnished personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
(At Present Lodged In District Jail Barmer).
----Petitioners
Versus
State Of Rajasthan
----Respondent
| For Petitioner(s) | : Mr. Jagmal Singh Choudhary, Senior Advocate assisted by Ms. Hemlata Choudhary |
|---|---|
| For Respondent(s) | : Mr. Gaurav Singh, PP Mr. Siddharth Karwasra, for the complainant |
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
02/01/2020
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners who are in custody in connection with C.R. (F.I.R.) No.192/2019, Police Station Gida, District Barmer for the offences under Sections 143, 447, 341, 323, 379 & 307 IPC.
Heard learned counsel for the parties. Perused the material available on record.
It is submitted by learned counsel for the petitioners that there are cross cases of the incident. The incident occurred at the
(2 of 2)
[CRLMB-14555/2019]
spur of the moment in heat of passion in which both the parties i.e. accused-petitioners as well as complainant received injuries. The challan has been filed. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioners may be enlarged on bail.
The learned Public Prosecutor as well as learned counsel for the complainant have opposed the bail application.
Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail application filed by the petitioners deserves to be accepted.
Consequently, the bail application is allowed. It is ordered that the accused-petitioners (1)Om Prakash S/o Jugtaram, & (2)Kalaram S/o Sataram arrested in connection with C.R. (F.I.R.) No.192/2019, Police Station Gida, District Barmer shall be released on bail; provided each of them furnish 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.
(VINIT KUMAR MATHUR),J
3-Sunils/-
1 issue framed by the court
Whether the petitioners accused in affray and hurtory charges are entitled to bail under Section 439 Cr.P.C.
2 provisions across 2 enactments
Om Prakash
Kalaram
State Of Rajasthan
Vinit Kumar Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
