Allowed

Manohar v. State of Rajasthan-State

Rajasthan HC1 May 2020CRLMB/4227/2020

Case brief

AI extract

What is this about?

The High Court of Rajasthan at Jodhpur allowed bail to the petitioner Manohar accused in FIR No.503/2019. Due to the prevailing COVID-19 lockdown and difficulty in finding sureties, the court granted bail on a personal bond alone, directing strict compliance with bond conditions under Section 229A IPC.

What did the court decide?

Petitioner released on bail by furnishing personal bond of Rs. 50,000; requirement to furnish two sureties of Rs. 25,000 each deferred until 28.05.2020.

Manohar Vs State of Rajasthan-State — Bail and Remand | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 4227/2020

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Manohar S/o Sh. Kewalchand, Aged About 25 Years, B/c Bawari , Niwasi Gram Nimbol , Tehsil Jaitaran , Distt. Pali (Raj.) (At Present Lodged In Sub Jail , Jaitaran , Distt. Pali)

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----Petitioner

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Versus

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State Of Rajasthan-State, Through Pp

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----Respondent

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For Petitioner(s) : For Respondent(s) : Mr. S.K. Bhati, PP through Jitsimeet App

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JUSTICE DINESH MEHTA

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Order

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01/05/2020

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This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.503/2019, Police Station Jaitaran, District Pali, for the offences under Sections 323, 325, 427, 452, 308, 392/34 IPC.

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It is stated in the bail application that the offences alleged against the petitioner are triable by the Magistrate and coaccused, namely, Rakharam, has been enlarged on bail on 19.02.2020.

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Learned Public Prosecutor has opposed the bail application.

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Having regard to the totality of the facts and circumstances of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

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Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. The petitioner Manohar S/o Shri Kewalchand,

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(2 of 2)

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[CRLMB-4227/2020]

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arrested in FIR No.503/2019, Police Station Jaitaran, District Pali 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.

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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 28.05.2020 to the satisfaction of the learned trial Court.

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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.

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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.

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(DINESH MEHTA),J

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15-skm/-

Manohar v. State of Rajasthan-State

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Manohar v. State of Rajasthan-State

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