Manphool v. State
Case brief
What is this about?
The High Court at Jodhpur allowed a bail application filed under Section 439 Cr.P.C. granting release on personal bond without immediate sureties, relying on the COVID-19 lockdown context, with a direction to furnish sureties later satisfactorily.
What did the court decide?
Petitioner released on bail upon furnishing personal bond in sum of Rs.50,000/- without immediate sureties, to be furnished by 28.05.2020.
What the court decided
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2572/2020
Manphool S/o Shri Loonaram, Aged About 28 Years, By Caste Bishnoi, R/o Dayasagar Khara, Police Station Phalodi, District Jodhpur. (At Present Lodged At Sub Jail, Phalodi).
----Petitioner
Versus
State, Through P.p.
----Respondent For Petitioner(s) : For Respondent(s) : Mr. Gaurav Singh, PP through Whatsapp Video Call
JUSTICE DINESH MEHTA Order
05/05/2020
This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.48/2019, Police Station Phalodi, District Jodhpur, for the offences under Sections 365, 342 and 323/34 IPC.
It is indicated in the bail application that petitioner has been falsely implicated. It has also been averred that for the offences, which are triable by the Magistrate, the petitioner is behind the bars since 14.02.2020; no recovery remains to be made and coaccused Kailash has also been released on bail.
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the petitioner considering the facts and circumstances of the case.
Whether the requirement of sureties can be waived in the prevailing circumstances of complete lock-down amidst spread of COVID-19.
Parties & counsel
- petitioner
Manphool S/o Shri Loonaram
- respondent
State
Coram
DINESH MEHTA
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · May
- Registered
- Case no.
- CRLMB/2572/2020
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