High Court granted bail to two accused in a panchnama case involving use of firearm and attempted murder. Court allowed release contingent on personal bond and sureties despite prima facie evidence of weapon involvement but absence of injury.
Petitioners released on bail by furnishing personal bond of Rs. 50,000 and 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.
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[CRLMB-6714/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 6714/2021
Guneshram S/o Sh. Dhagla Ram, Aged About 22 Years, B/c Dewasi, R/o Maniyari, Tehsil Pali, Police Station Guda Endala, District Pali. (At Present Lodged In District Jail, Pali).
----Petitioner
Versus
State of Rajasthan through PP
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 9280/2021
Chautha Ram S/o Shri Khangara Ram, Aged About 27 Years, R/o Village Manihari, District Pali.
(Presently Lodged At District Jail Pali)
----Petitioner
Versus
State of Rajasthan through PP
----Respondent
| For Petitioner(s) | : Mr. K.L. Thakur & Mr. Suresh Khumbhat |
|---|---|
| For Respondent(s) | : Mr. Mukhtiyar Khan, PP Mr. Chakrawarti Singh, on behalf of Mr. Pradeep Shah, for the complainant |
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
17/08/2021
Both the above bail applications shall stand decided by this common order as they arise out of the same FIR.
The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No.08/2021 registered at Police Station
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[CRLMB-6714/2021]
Guda Endala, District Pali, registered for the offences punishable under Sections 147, 323, 427 & 307/149 of IPC and Section 3/25 of the Arms Act (qua the accused–petitioner - Guneshram) and Sections 147, 307/115, 120B of IPC (qua the accused-petitioner - Chautha Ram).
Heard learned counsel appearing for the petitioners and learned Public Prosecutor as well as learned counsel appearing for the complainant. Perused the material available on record.
Learned counsel appearing for the petitioners stated that accused-petitioners were not named in the FIR; there is no direct evidence against the accused-petitioners; accused-petitioners were not present at the time of occurrence; accused-petitioners implicated in this case only on the basis of the interrogation note of the co-accused; there is only allegation of recce against the accused-petitioners. With these submissions, learned counsel for the petitioners prayed that benefit of bail may be granted to the petitioners.
Per contra, learned Public Prosecutor and learned counsel appearing for the complainant vehemently and fervently opposed the bail applications and stated that call detail report was obtained during the investigation; fire arm was used in the present case but it is admitted that there is no injury which is found dangerous to life.
Having regard to the facts and circumstances of this case, particularly to the fact that allegation of fire arm was not against the accused-petitioners, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail applications filed by the petitioners deserve to be accepted.
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[CRLMB-6714/2021]
Consequently, the bail applications are allowed. It is ordered that the accused-petitioners – (1) Guneshram S/o Sh. Dhagla Ram and (2) Chautha Ram S/o Shri Khangara Ram, arrested in connection with F.I.R. No.08/2021 registered at Police Station Guda Endala, District Pali, shall be released on bail, if not wanted in any other case, provided each of them 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 their appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(DEVENDRA KACHHAWAHA),J
3-4-Arvind/-
1 issue framed by the court
Whether bail should be granted to accused facing offences under Sections 147, 307, 427 IPC and Arms Act where a firearm was used but no injury was caused.
1 provisions across 1 enactments
Guneshram S/o Sh. Dhagla Ram
Chautha Ram S/o Shri Khangara Ram
State of Rajasthan
Deendra Kachhawa
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
