In this bail application, the Court granted bail to the petitioner accused under Sections 447, 504, and 326 IPC, considering the offences are triable by Magistrate and proceedings may take time, without judging merits of the case.
Petitioner released on bail in FIR No.155/2020 on personal bond of Rs. 50,000/ with two sureties of Rs. 25,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 32/2021
Ganesh S/o Shri Naku, Aged About 32 Years, r/o Sava Ka Pada, Motagaon Police Station, Banswara, District Banswara. (Lodged In District Jail, Banswara).
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
| For Petitioner(s) | : Mr. Bhawani Singh |
|---|---|
| For Respondent(s) | : Mr. Mahipal Bishnoi PP for the State. |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
11/01/2021
In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.
This Court perused the material available on record.
The petitioner has been arrested in connection with FIR No.155/2020 of Police Station Motagaon, District Banswara for the offences punishable under Sections 447, 504 and 326 IPC. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that the offences alleged against the present petitioner are triable by Magistrate.
Learned Public Prosecutor opposed the bail application.
Having regard to the totality of the facts and circumstances
of the case as also the fact that the offences alleged against the
(2 of 2) [CRLMB-32/2021]
present petitioner are triable by Magistrate and conclusion of the proceedings is likely to take some time, but without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Ganesh S/o Shri Naku shall be released on bail in connection with FIR No.155/2020 of Police Station Motagaon, District Banswara provided he 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 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.
(DR.PUSHPENDRA SINGH BHATI),J.
109-SKant/-
1 issue framed by the court
Whether bail should be granted to the petitioner accused of offences triable by Magistrate in light of the pandemic situation and trial duration?
2 provisions across 2 enactments
GANESH S/O SHRI NAKU
STATE OF RAJASTHAN
PUSHPENDRA SINGH BHATI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
