Criminal court granted regular bail under Section 439 CrPC to petitioner accused of offences under Sections 307, 397 IPC and Arms Act. Release was directed subject to a personal bond and two sureties.
Petitioner enlarged on bail to furnish a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous IInd Bail Application No. 1456/2020
Sohan Lal @ Sonu S/o Shri Malaram B/c Gurjar, R/o Basdayal Tehsil Bansoor Dist. Alwar Raj.
(At Present Confined In Sub Jail Kotputali Dist. Jaipur )
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Amit Dadhich (through Video Conferencing) For Respondent(s) : Mr. Arvind Bhadu, PP
HON'BLE MR. JUSTICE PRAKASH GUPTA Order
19/05/2020
This IInd bail application has been filed under Section 439 CrPC seeking regular bail in FIR No. 83/2019 registered at Police Station, Virat Nagar, Distt. Jaipur for the offence under Section 307 and 397 IPC and Section 3/25 and 27 of Arms Act.
Heard learned counsel for the parties and perused the record.
Learned counsel for the petitioner submits that the petitioner is in judicial custody since long. He further submits that after the completion of investigation, challan has been filed and conclusion of trial is likely to take long time. He further submits that now no recovery is to be effected from the petitioner. He further submits that co-accused Tejpal, Vinod Kumar Jat and Jeetu @ Jitendra have been granted bail by the Coordinate Bench of this Court vide order dated 26.7.2019 in S.B. Cr. Misc. Bail Application No. 9846/2019; co-accused Kalu has been granted bail by the
(2 of 2)
[CRLMB-1456/2020]
Coordinate Bench of this Court vide order dated 19.7.2019 in S.B. Cr. Misc. Bail Application No. 8704/2019; co-accused Mintu has been granted bail by the Coordinate Bench of this Court vide order dated 26.6.2019 in S.B. Cr. Misc. Bail Application No. 7825/2019; and co-accused Harmohan has been granted bail by the Coordinate Bench of this Court vide order dated 3.6.2019 in S.B. Cr. Misc. Bail Application No. 6296/2019. He further submits that the matter has been compromised between the parties, hence the petitioner may be enlarged on bail.
Learned PP appearing for the State has opposed the same.
Considering the material on record, submissions of learned counsel for both the parties as also taking into consideration the overall facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, I deem it just and proper to enlarge the petitioner on bail.
Therefore, this IInd bail application is allowed and it is directed that the accused petitioner Sohan Lal @ Sonu S/o Shri Malaram be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/-. Petitioner is further directed to submit two sureties of Rs.25,000/- each before the trial court, subject to its satisfaction, within two weeks after withdrawal of the order of lock-down.
If the aforesaid two sureties, as directed above, are not furnished by the petitioner within the aforesaid period, Court below would be free to take appropriate action against the petitioner in accordance with law.
(PRAKASH GUPTA),J
DILIP KHANDELWAL /1
1 issue framed by the court
Whether the petitioner should be released on regular bail given that co-accuseds have been released and the case has been compromised.
6 provisions across 3 enactments
Sohan Lal @ Sonu
State Of Rajasthan
Prakash Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
