Partly allowed

Pawan Singh S/O Shri Karni Singh v. State of Rajasthan

Rajasthan HC10 May 2022CRLMB/2472/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan displaced through a single Judge in a criminal bail application filed by two accused persons. Pawan Singh was ordered released on bail with a bond and sureties, while Rajendra Singh @ Raju was denied bail due to the gravity of the charge and existing pending non-bailed case.

What did the court decide?

Pawan Singh discharged on bail with Rs.50,000 bond and two sureties of Rs.25,000 each; Rajendra Singh @ Raju denied bail.

Pawan Singh S/O Shri Karni Singh Vs State of… — Murder and Culpable Homicide | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 2472/2022

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Pawan Singh S/o Shri Karni Singh, Aged About 32 Years, R/o Khudia Ps Mandrela Distt. Jhunjhunu (At Present In Distt. Jail Jhunjhunu)

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Rajendra Singh @ Raju S/o Shri Sawai Singh, Aged About 36 Years, R/o Ps Mandrela Distt. Jhunjhunu (At Present In Distt. Jail Jhunjhunu)

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----Petitioners

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s) : Mr. Amit Punia For Respondent(s) : Mr. G.S. Rathore, GA-cum-AAG

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HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

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Order

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10/05/2022

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This bail application has been filed under Section 439 Cr.P.C in connection with FIR No.70/2021 registered at Police Station Mandrela, District Jhunjhunu for the offences under Sections 143, 341, 323, 324, 325, 326, 342, 365, 307 & 382 of IPC.

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Learned counsel for the petitioners submits that this is a case of road accident and no role has been assigned to the petitioners. The injured has not assigned any fatal injuries to the petitioners. The petitioners are behind the bars since long and charge-sheet has already been filed. Counsel further submits that as per rejection bail order, the petitioners Pawan Singh and Rajendra Singh @ Raju have criminal antecedents of eight & two

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(2 of 3)

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[CRLMB-2472/2022]

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cases respectively, out of which, except one case each, they are on bail in all the pending cases. Hence, the petitioners may kindly be released on bail.

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Learned Government Advocate-cum-Additional

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Advocate General has opposed the bail application.

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Heard. Perused the material available on the record.

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The petitioner No.2 Rajendra Singh @ Raju is named in the FIR and at his instance, one iron-pipe (sharp weapon) was recovered. As per injury report of injured Vijendra Lamba and Medical Officer’s Report dated 21.06.2021, his injury No.3 and 4 are caused by sharp weapon and injury No.3, incised wound on his right-cheek, is grievous in nature and if proper treatment was not given on time, he could have died. The petitioner No.2 Rajendra Singh @ Raju has criminal antecedents of two cases, out of which, in one case, i.e. FIR No.168/2021 for the offences under Sections 134, 341, 323 & 302 of IPC, he is not on bail. Therefore, looking to the above facts and circumstances of the case, I deem it not proper to enlarge the petitioner No2. Rajendra Singh @ Raju on bail.

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Accordingly, the bail application filed on the behalf of the petitioner No.2 Rajendra Singh @ Raju S/o Shri Sawai Singh is dismissed .

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So far as the petitioner No.1 Pawan Singh is concerned, at his instance one ‘Lathi’ was recovered and as per injury report of injured Vijendra Lamba and Medical Officer’s Report dated 11.06.2021, his injury Nos. 1 & 2 which are on his left and rightleg, are grievous in nature, caused by blunt weapon. Therefore, looking to the overall facts and circumstances of the case but

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(3 of 3) [CRLMB-2472/2022]

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without expressing any opinion on the merits/demerits of the case, this court deems it just and proper to enlarge the petitioner No.1 Pawan Singh on bail.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the petitioner No.1 Pawan Singh S/o Shri Karni Singh shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so.

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(CHANDRA KUMAR SONGARA),J

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Satyendra/13

Pawan Singh S/O Shri Karni Singh v. State of Rajasthan

Case brief

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Pawan Singh S/O Shri Karni Singh v. State of Rajasthan

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