The single-judge High Court bench granted bail to only one of the two petitioners while dismissing the application for the other, distinguishing between the severity of injuries caused by the accused.
Bail granted to Devi Singh on furnishing personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each; bail refused to Babu Lal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous IInd Bail Application No. 2144/2020
----Petitioners
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Shailesh Kumar Panwar For Respondent(s) : Mr. Atul Sharma, P.P.
HON'BLE MR. JUSTICE GOVERDHAN BARDHAR
Order
20/02/2020
This bail application has been filed under Section 439
Cr.P.C.
Brief facts of the case are that an FIR No. 280/2019
was registered at P.S. Bakani , Distt. Jhalawar for the offences mentioned therein against the accused petitioners. During the course of investigation, the accused petitioners were arrested. Thereafter they moved the bail application before the trial court, which vide impugned order dismissed the same. Hence this bail application has been filed on behalf of the petitioners.
Learned counsel for the petitioners submits that first bail application of the accused petitioners was dismissed as
(2 of 3) [CRLMB-2144/2020]
withdrawn by this Court vide order dated 17.01.2020. Challan in this case has since been filed. Learned counsel for the petitioners further submits that accused petitioners are in judicial lockup from 26.11.2019. Counsel further submits that petitioners have no criminal antecedents. The alleged incident occurred between both sides relates to sudden fight and in the alleged incident members of both the sides received injuries. Counsel further submits that there was no intention of the accused petitioner to give beating to the members of complainant party. Counsel further submits that the trial of the case is likely to take time, hence the accused petitioners should be released on bail.
On the other hand, learned Public Prosecutor has opposed the bail application and submitted that Kalu Lal sustained injury which is dangerous to life and Babu Lal inflicted injury on the head of the Kalu Lal by sword.
Taking note of the injury report and statement of the injured-Kalu Lal, bail application filed by the petitioner No. 2- Babu Lal S/o Keshuram stands dismissed at this stage. So far as petitioner No.1- Devi Singh is concerned, injured Prahlad sustained simple injury.
Considering the submissions advanced by the learned counsel for accused petitioner/s, note of the allegations levelled against the petitioner/s as also looking to the 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 release the petitioner No.1- Devi Singh on bail.
Therefore, this bail application qua petitioner No. 1 is allowed and it is directed that accused petitioner No. 1 Devi
(3 of 3) [CRLMB-2144/2020]
Singh S/o Keshuram shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand) together with two sureties in the sum of Rs.25,000/- (Rupees twenty five thousand only) each to the satisfaction of the trial court with the stipulation that he shall appear before that court on all subsequent dates of hearing and as and when called upon to do so.
(GOVERDHAN BARDHAR),J
Ashu/70
2 issues framed by the court
Whether petitioner No. 2 should be released on bail given the serious injury to victim Kalu Lal inflicted by sword.
Whether petitioner No. 1 should be released on bail considering the simple injury sustained by victim Prahlad.
1 provisions across 1 enactments
Devi Singh S/o Keshuram
Babu Lal S/o Keshuram
State Of Rajasthan
Goverdhan Bardhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
