The High Court at Jodhpur granted bail to Mangi Bai, a female accused in Sections 147 and 302 IPC, considering her gender and the duration of custodial detention without deciding on merits.
Directing release on personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.
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 AT JODHPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 12056/2021
Mangi Bai W/o Madan Lal, Aged About 40 Years, Resident Of Deoli, Police Station Dungla, District Chittorgarh. (At Present Lodged In Sub Jail Nimbahera District Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through The Public Prosecutor
| For Petitioner(s) | : Mr.Deepak Menaria. |
----Respondent |
|---|---|---|
| For Respondent(s) | : Mr.Arun Kumar,PP. |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
20/10/2021
In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.
Heard learned counsel for the parties and perused the material available on record.
The petitioner has been arrested in connection with FIR No.58/2021 of Police Station Dungla, District Chittorgarh for the offence punishable under Sections 147, 302 of IPC. She has preferred this second bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has drawn attention of this Court to the statement rendered under Section 161 Cr.P.C. by Shyam Lal who is son of deceased. He further submits that the main accused in the case are Ramlal, Jeevanlal, Madanlal and Ashok. He has also taken this Court to the statement of Guddi,
(2 of 2)
[CRLMB-12056/2021]
wife of the deceased rendered under Section 161 Cr.P.C. He makes a limited prayer that the petitioner, who is a lady, and is in custody since 21.5.2021 and charge-sheet has been filed, deserves to be released on bail.
Learned P.P. opposes the bail application.
This Court while considering that the petitioner is a lady and has already undergone custody since 21.5.2021, and having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Mangi Bai W/o Madan Lal shall be released on bail in connection with FIR No.58/2021 of Police Station Dungla, District Chittorgarh provided she executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for her appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(DR.PUSHPENDRA SINGH BHATI),J.
122-Sphophaliya/-
1 issue framed by the court
Whether the petitioner is entitled to bail under Section 439 Cr.P.C. after having been in custody for some time.
1 provisions across 1 enactments
Mangi Bai W/o Madan Lal
State Of Rajasthan
Pusphendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
