The High Court allowed a bail application filed under Section 439 CrPC. The Court allowed the petitioner to be released on personal bond along with a surety, subject to compliance with other conditions.
Release on bail under Section 439 CrPC on personal bond of Rs. 40,000 with one surety of the like amount.
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 Bail Application No. 4332/2020
Pooranmal S/o Shri Laxman Aged About 62 Years, R/o Rasheedpur Ps Mandawar Dist. Dausa Raj. (At Present Confined In Dist. Jail Dausa)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent For Petitioner(s) : Mr. Babu Lal Bairwa For Respondent(s) : Mr. Atul Sharma, PP
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
11/05/2020
Defects are overruled.
This bail application has been filed under Section 439 CrPC in connection with FIR No. 237/2019 registered at Police Station Mandawar, District Dausa for the offences under Sections 498A, 406 & 304B IPC.
Heard learned counsel for the petitioner as well as learned Public Prosecutor.
Learned counsel for the petitioner submits that the petitioner is father-in-law of the deceased. The independent witness have not made any allegation of any overt act on part of the accused petitioner and the petitioner cannot be said to have committed any cruelty. Learned counsel further submits that charge sheet has been filed and trial is likely to take time. Learned counsel
(2 of 2)
[CRLMB-4332/2020]
submits that the deceased has committed suicide which cannot be attributed to be at the instance of the petitioner.
Learned PP opposes the bail application.
I have considered the submission and perused the charge sheet and statement recorded u/s 161 Cr.P.C and without commenting on merits of the case, I deem it just and proper to enlarge the petitioner on bail.
Therefore, this bail application is allowed and it is ordered that the accused-petitioner- Pooranmal son of Shri Laxman shall be released on bail under Section 439 CrPC in connection with aforesaid FIR provided he/she furnishes a personal bond of Rs.40,000/- with one surety in the like amount to the satisfaction of the concerned Magistrate with the stipulation that he/she shall comply with all the conditions laid down under Section 437(3) Cr.P.C.
(SANJEEV PRAKASH SHARMA),J
Anu /397
2 issues framed by the court
Whether the petitioner should be released on bail in a case involving offences under Sections 498A and 304B IPC.
Whether the petitioner can be enlarged on bail despite the charge sheet filed against him.
2 provisions across 1 enactments
Pooranmal
State Of Rajasthan
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
