Allowed

Laxma v. State

Rajasthan HC5 Aug 2021CRLMB/10092/2021

Case brief

AI extract

What is this about?

This High Court accepted a bail application filed under Section 439 Cr.P.C. for a petitioner arrested in a case under IPC Sections 392, 120-B. The court granted bail on the grounds that the offence is triable by a Magistrate and bail was granted to a co-accused by a coordinate bench, without expressing an opinion on the merits.

What did the court decide?

The petitioner was released on bail upon executing a personal bond of Rs.50,000 and two sureties of Rs.25,000 each to satisfy the court.

Laxma Vs State — Bail and Remand | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 10092/2021

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Laxma W/o Dhara Singh @ Dana Ram, Aged About 26 Years, R/o Sirohi Khurd District Jaipur.

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(At Present Lodged In Sub Jail, Sojat).

----Petitioner

Versus

State, Through PP

		----Respondent
For Petitioner(s)	: Mr. Mr.	B.L. Patel for Ravindra Acharya
For Respondent(s)	: Mr.	Mukhtiyaar Khan, P.P.

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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05/08/2021

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The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.181/2021, Police Station Kotwali Pali, District Pali, registered for the offence under Sections 392, 120-B IPC.

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Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

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Learned counsel for the petitioner stated that offence is triable by Magistrate; no investigation and recovery is pending against the accused-petitioner; benefit of bail has been granted to co-accused person-Shanti by co-ordinate Bench of this Court vide order dated 15.07.2021; accused-petitioner is a lady, therefore, benefit of bail may be granted to the accused-petitioner.

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(2 of 2)

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[CRLMB-10092/2021]

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On the contrary, learned Public Prosecutor opposed the bail application of the accused-petitioner and stated that earlier two another cases have been registered against the accusedpetitioner.

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Having regard to the facts and circumstances of the case, particularly to the fact that offence is triable by the Magistrate and benefit of bail has been granted to co-accused person-Shanti by co-ordinate Bench of this Court vide order dated 15.07.2021, therefore, 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.

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Consequently, the bail application is allowed. It is ordered that the accused-petitioner-Laxma W/o Dhara Singh @ Dana Ram, arrested in connection with F.I.R. No.181/2021, Police Station Kotwali Pali, District Pali, shall be released on bail, if not wanted in any other case, provided she furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each to the satisfaction of the learned trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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(DEVENDRA KACHHAWAHA),J

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96-Bharti/-

Laxma v. State

Case brief

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Laxma v. State

Case brief

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