High Court at Jaipur granted bail to petitioners Neeraj and Adil Mirja who were accused in a case punishable under IPC Sections 364-A, 395 and 120-B, noting existence of earlier acquittals and co-accused's bail.
Petitioners released on bail conditioned to execute personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
----Petitioners
Versus
State Of Rajasthan, Through P.p
----Respondent
For Petitioner(s) For Respondent(s)
: Mr. Shyam Bihari Gautam : Mr. Laxman Meena, PP
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
16/11/2022
The present bail application under Section 439 Cr.P.C. has been filed on behalf of petitioners in connection with FIR No.210/2022 registered at Police Station Bhawani Mandi, District Jhalawar (Raj.) for the offences punishable under Sections 364-A, 395 and 120-B of IPC.
Counsel for the petitioners submits that indulgence of bail has already been extended to the co-accused Rohit by the coordinate Bench of this Court vide order dated 21.10.2022. Counsel submits that the case of the present petitioners is at par with the case of co-accused Rohit. Counsel submits that apart from this case, nine other cases were there against the petitioners, in which
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they have been acquitted in four cases. Counsel further submits that the petitioners undertake that in case, if the liberty granted by this Court is misused by them in future and if they repeat any offence, a liberty would be given to Investigating Officer to submit an application for cancellation of their bail. Counsel further submits that the petitioners are in custody since 01.07.2022 and after investigation charge-sheet has been submitted and trial will take time to conclude. So, he prayed that indulgence of bail be granted to the petitioners.
Per contra, learned PP opposed the bail application.
Considering the fact that the co-accused has already been granted indulgence of bail by the co-ordinate Bench of this Court on 21.10.2022 and the case of the present petitioners is at par with the case of the co-accused and since the petitioners are in custody since 01.07.2022, since charge-sheet has been submitted and the trial will take time to conclude, without commenting on merits or demerits of this case, this Court deems it fit to grant conditional bail to the petitioners under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioners Neeraj @ Montu and Adil Mirja shall be released on bail, provided each of them executes a personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- 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 and subject to the condition that in case, the petitioners are found involved in any other criminal case after releasing on bail in this case, the Investigating
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Officer would be at liberty to file an application for cancellation of their bail.
(ANOOP KUMAR DHAND),J
HEENA GANDHI /21
1 issue framed by the court
Whether bail should be granted to petitioners in connection with offences under Sections 364-A, 395 and 120-B of IPC.
1 provisions across 1 enactments
Neeraj @ Montu Jayaswal
Adil Mirja
State Of Rajasthan
Anoop Kumar Dhand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
