Mooted cancellation of bail granted under Section 439 Cr.P.C. to Vikram Singh. Held, considering prior injury assessment, bail application dismissed.
Bail application for cancellation of baildismissed.
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 BENCH AT JAIPUR
S.B. Criminal Bail Cancellation Application No. 114/2022
Rajbeer Son Of Sukhram, Resident Of Bhalot, Tehsil Bhuhana, District Jhunjhunu (Raj.)
----Complainant
Versus
–------Respondent
----Accused-Respondent
For Complainant (s) : Mr. Vijayant Nirwan. For Respondent(s) : Mr. S.S. Mahla, P.P. Mr. Gajanand Yadav for accusedrespondent.
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
04/11/2022
Heard on the application for cancellation of bail granted by this court to the accused-respondents vide order dated 25.02.2020.
This court on 25.02.2020 while releasing the accusedrespondent in S.B. Criminal Misc. Bail Application No.1951/2020 passed the following order:-
(2 of 3)
[CRLBC-114/2022]
implicated in this matter and after investigation, the police has not found the case against the petitioner for offence under Section 302 of IPC and the chargesheet against the petitioner has been filed for the offences under Sections 459, 323, 324, 307 & 34 of IPC. Counsel further submits that although the allegation of causing fire arms injury on the person of injured is against the petitioner, however, according to statement of Doctor, the fire arm injury is simple in nature and the same is on non-vital part i.e. on the leg of the injured. Counsel further submits that co-accused Banwari has already been released on bail by this Court vide order dated 14.11.2019 passed in S.B. Criminal Misc. Bail Application No.15110/2019.
Counsel for the complainant-petitioner submits that during pendency of the trial the offence under Section 302 of IPC has also been added, therefore, prayed for cancellation of the bail granted by this court to the accused-respondent.
Counsel for the accused-respondent has opposed the cancellation of bail application.
(3 of 3)
[CRLBC-114/2022]
I have heard counsel for the parties and perused the record. In my considered view, this court while granting the bail to the accused-respondent considered the fact that the fire arm injury on non-vital part i.e. on the leg of the injured has been caused by the accused-respondent.
In that view of the matter, the present cancellation of bail application is dismissed.
(INDERJEET SINGH),J
MG/19
1 issue framed by the court
Whether bail granted under Section 439 Cr.P.C. should be cancelled when an offence was added during trial.
1 provisions across 1 enactments
RAJBEER SON OF SUKHRAM
STATE OF RAJASTHAN
VIKRAM SINGH SON OF SHRI NATHU RAM
INDERJEET SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
