Criminal Miscellaneous Bail Application where the high court enlarged the petitioner on bail under Section 439 Cr.P.C. considering the danger to life and anticipated long trial, without expressing an opinion on merits.
Petitioner ordered to release on bail in sum of Rs.50,000/- with 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 WAST~~AN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 9204/2021
Hemraj S/o Bhairulal, R/o Chaumabibu, Police Station Devali Manjhi, District Kota (Raj.). (At Present Confined In Sub Jail Ramganjmandi, District Kota).
Versus
The State Of Rajasthan, Through Public Prosecutor.
-1 4 2 -D., ,.
<, "$, !Sl,\ :--" 2 jj $-->
-$ 2 . em, L. - j, a 2. ' .,.( \Q Y ,)' -,+.. p- ----Respondent
1 ,+. ':, ;. 3 ' . 8-3 , py
-'---:>'
L - 3
Pt, . ' t* &-.
For etitioe,rt$ L : Mr. Sampat Lal songaLL& ,A
For es&iidznt(s) . . . : Mr. S. S. Ola, PP.,
. yj . . -. Mr. Sudhir 3ain 'C 1
. . A>
7
.--I-.;r,-', , ,' I-" +- **9 C', y, >;..,,<:b-&* .... :. L iiy.'*,b
25/08/2021
with FIR Manjhi, District Kota Rural for the 147, 148, 149, 341, 3 2 3, 3 2 5 a .7 2. Learned counsel forqb~?etitiani;:f's$~mits , 4 +, w, .*. -v~ '.? , -'; 5, i that the petitioner has been wrongly implicated in this case. Petitioner is behind the bars since long. Learned counsel for the petitioner submits that as per injury report, the injury received by Anandilal is dangerous to life. Conclusion of trial may take long time.
[~~~~~-9204/2021] '
(2 of 2)
4. Considering the Contentions put-forth by the counsel for the petitioner and taking into account the facts and circumstances of the case and without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioner on bail.
5. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Hernraj S/O L:, ; v ' personal bqp&)in-'the - i sum of Rs.50,000/- whh@&sureties of ~s.25,000/.-'~ach to the satisfaction of the learned tri9&~udge I - --. for &/t> his appearance before the court concerned on all the' dates of . -
hearing as and when
-. .- '<,,
, ,,. ,.- .?.*.... ,>-., '? ,;: 3 ", ..... ..p - r-n 7- 11 /. o,--r-?r 1:' ,.-- '4
:;.-il ! 1. . \ -<!$ +.,;: < J ,+-r-:\ L-5; q i;
r: l $3.
2 issues framed by the court
Whether the petitioner, an accused on bail, be enlarged on bail given the nature of injuries in the case.
Whether the impugned bail application under Section 439 Cr.P.C. can be allowed without expressing an opinion on merits.
1 provisions across 1 enactments
Hemraj S/o Bhairulal
The State Of Rajasthan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
