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Gabbar S/O Ramprasad Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2021)

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Rajasthan HC
2021
Gabbar S/O Ramprasad Vs State of RajasthanGabbar S/O Ramprasad v. State of Rajasthan

Allowed

Gabbar S/O Ramprasad v. State of Rajasthan

Rajasthan HC18 Jan 2021CRLMB/141/2021

Case brief

AI extract

What is this about?

This criminal miscellaneous bail application was filed by two accused persons challenging the charge sheet in a case under Sections 143, 323, 341, 354, 379, 452 & 504 of I.P.C. The petitioners claimed a compromise due to familial relationship. The High Court allowed bail with a bond of Rs. 1,00,000 and sureties.

What did the court decide?

Bail allowed with personal bond of Rs.1,00,000 and two sureties of Rs.50,000 each to the satisfaction of the trial court.

What the court decided

AI extract

Outcome

Bail allowed with personal bond of Rs.1,00,000 and two sureties of Rs.50,000 each to the satisfaction of the trial court.

Issue for consideration

Whether the bail application should be allowed given the alleged compromise between petitioners and complainant. +1 more

Detailed headnote1 paragraphs

In a bail application filed under Section 439 Cr.P.C. where the accused alleged a compromise with the complainant due to family ties, the Court allowed bail. Each accused must furnish a personal bond of Rs. 1,00,000 along with two sureties of Rs. 50,000 each to the satisfaction of the trial court, with a stipulation to appear on subsequent hearing dates.

A compact analysis

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.

A

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 141/2021

Gabbar S/o Ramprasad, R/o Madapura, PS Rudwal Tehsil Roopbas Dist. Bharatpur. (At Present Confined In Sub Jail Bayana)

Satvir S/o Nemichand, R/o Madapura, PS Rudwal Tehsil Roopbas Dist. Bharatpur (At Present Confined In Sub Jail Bayana)

----Petitioners Versus

State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Lakhan Singh Tomar For State : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Order

18/01/2021

Petitioners have filed this bail application under Section

439 of Cr.P.C.

F.I.R. No. 223/2020 was registered at Police Station Rudawal District Bharatpur for offence under Sections 143, 323, 341, 354, 379, 452 & 504 of I.P.C.

It is contended by counsel for the petitioners that accused and complainant party belong to the same family. They have entered into compromise.

Learned Public Prosecutor has opposed the bail application.

I have considered the contentions.

Considering the contentions put forth by counsel for the

(2 of 2)

[CRLMB-141/2021]

petitioners, I deem it proper to allow the bail application.

This bail application is accordingly allowed and it is directed that accused petitioners shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.1,00,000/(Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned trial court with the stipulation that they shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

(PANKAJ BHANDARI),J

AMIT KUMAR /39

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the bail application should be allowed given the alleged compromise between petitioners and complainant.
2.
Whether the petitioner-accused are eligible for bail under Section 439 of Cr.P.C.

Statutes considered

1 provisions across 1 enactments

AI extract

Cr.P.C.439

Parties & counsel

AI extract

petitioner
Gabbar
petitioner
Satvir
respondent
State Of Rajasthan

Coram

AI extract

PANKAJ BHANDARI

Case details

As recorded by the court registry

Court: Rajasthan HC
Decided on: 18 Jan 2021 · January
Registered: 5 Jan 2021
Case no.: CRLMB/141/2021
CNR: RJHC020004572021
Topic: Bail and Remand
Bench: Pankaj Bhandari
Disposal: ALLOWED

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Cite this judgement

Gabbar S/O Ramprasad v. State of Rajasthan, CRLMB/141/2021 (RJ), decided on 18 January 2021.

The High Court of Rajasthan publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Cr.P.C.439

View all statutes

Bench / Coram

PANKAJ BHANDARI

Parties & counsel