The High Court at Jodhpur granted bail to the petitioner under Section 439 Cr.P.C. without expressing an opinion on merits, citing that co-accused have already been granted bail and current lock-down conditions make furnishing sureties difficult.
Petitioner released on bail upon furnishing personal bond; may furnish two sureties of Rs.25,000/- each by 28th May 2020.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 3258/2020 Sher Singh S/o Sh. Bhanwar Singh, Aged About 28 Years, B/c Kharwad Rajput, R/o Paldi Bhagal, P.s. Ambamata, Udaipur. (At Present Lodged In Central Jail, Udaipur).
----Petitioner
Versus
State, Through Pp
| ----Respondent | |
|---|---|
| For Petitioner(s) | : Mr. R. S. Rawal through Jitsi Meet App |
| For Respondent(s) | : Mr. Gaurav Singh, P. P. 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.515/2019 Police Station Amba Mata, Udaipur for the offences under Sections 143, 148, 149, 323, 324, 325, 341, 307 & 120-B IPC.
It is contended that the injuries suffered by the victim - Khem Singh were not on vital part of the body. It is also argued that as has been observed in the order dated 04.03.2020, concerning bail application of co-accused - Bharat, though the injury in question were grievous in nature, but not dangerous to life.
Mr. Bhati, learned PP, though vehemently opposed the bail application, but was not in a position to satisfy as to how the petitioner’s case is different than that of Naresh and Bharat, who have already enlarged on bail.
(2 of 2)
[CRLMB-3998/2020]
In view of the aforesaid, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. The petitioner Sher Singh S/o Shri Bhanwar Singh, arrested in FIR No.515/2019, Police Station Amba Mata, Udaipur shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each.
This Court is of the view that in the prevailing circumstances of complete lock-down amidst spread of COVID-19, furnishing of two sureties will be difficult on the one hand and the same may pose eminent threat to the concerned. It is, therefore, ordered that the petitioner shall be released on bail upon furnishing the personal bond. He may furnish requisite sureties by 28th May, 2020 to the satisfaction of the learned trial Court.
It would be required of the concerned Superintendent of Police/Jailer to apprise the petitioner about consequence of violation of the bond as stipulated in Section 229A of the Indian Penal Code, while releasing the petitioner on bail.
Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. In case, he fails to furnish surety bonds by the stipulated time, the instant order will come to an end automatically.
(DINESH MEHTA),J
44-A.Arora/-
1 issue framed by the court
Whether the bail application deserves to be accepted in view of the lock-down circumstances and lack of distinction from co-accused who have already been granted bail.
1 provisions across 1 enactments
Sher Singh S/o Sh. Bhanwar Singh
State
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
