High Court granted bail to two petitioners arrested for cheating and property offences under Section 439 CrPC, directing them to execute a personal bond with sureties before the trial court.
Bail granted with direction to execute personal bond of Rs. 2,00,000/- each with two sureties of Rs. 1,00,000/- 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 RAJASTHAN AT JODHPUR
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Hemant Jain For Respondent(s) : Mr. Mukhtiyar Khan, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
27/09/2022
The petitioners have been arrested in connection with FIR No.55/2022 of Police Station Salasar, Distt. Churu for the offence punishable under Sections 457, 380 & 75 of IPC. They have preferred this bail application under Section 439 Cr.P.C.
Counsel for the petitioners submits that offences are triable by Magistrate. The accused-petitioners are in judicial custody since 26.03.2022 and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioners.
Learned Public Prosecutor opposed the bail application. Having regard to the totality of the facts and circumstances
(2 of 2)
[CRLMB-10350/2022]
of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.
Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioners (1) Gajanand S/o Shri Mangtu Ram, (2) Ramkumar S/o Shri Gugan Ram, shall be released on bail in connection with FIR No.55/2022 of Police Station Salasar, Distt. Churu provided they execute personal bond in a sum of Rs.2,00,000/- each with two sound and solvent sureties of Rs.1,00,000/- each to the satisfaction of 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.
(MANOJ KUMAR GARG),J
42-raksha/-
1 issue framed by the court
Whether bail should be granted to the petitioners accused of offences u/s 457, 380 & 75 IPC.
1 provisions across 1 enactments
Gajanand S/o Shri Mangtu Ram
Ramkumar S/o Shri Gugan Ram
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
