Bail application allowed under Section 439 Cr.P.C. Petitioner in custody for offences under Sections 457, 380 IPC. Granted bail pending trial on condition of personal bond and two sureties, noting trial will take long time.
Petitioner released on bail on personal bond of Rs.50,000 and two sureties of Rs.25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 3279/2022
Asaram @ Asiya S/o Lalaram, Aged About 23 Years, R/o Pataliya, Koyalvav, Police Station Nana, District Pali (Raj.) (Lodged In Sub Jail, Balotra)
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. J.V.S. Deora For Respondent(s) : Mr. Laxman Solanki, P.P.
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
06/04/2022
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.497/2021, Police Station Balotra, District Barmer, registered for the offences under Sections 457, 380 IPC.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner stated that offences are triable by the Magistrate; that accused-petitioner is behind the bars since 13.11.2021; that charge-sheet has been filed in the matter and while submitting photocopy of the certified copy issued by learned trial Court in regard framing of charge, it is stated that charges were also framed; that further trial will take sufficiently long time, therefore, benefit of bail may be granted to the accused petitioner.
(2 of 2)
[CRLMB-3279/2022]
On the contrary, learned Public Prosecutor opposed the bail application of the accused-petitioner and stated that earlier sixteen cases have been registered against the accused-petitioner.
Having regard to the facts and circumstances of the case, particularly to the fact that offences are triable by Magistrate, charge-sheet has been filed and charges were also framed and further trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
Consequently, the bail application is allowed. It is ordered that the accused-petitioner-Asaram @ Asiya S/o Lalaram, arrested in connection with F.I.R. No.497/2021, Police Station Balotra, District Barmer, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/(Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each to the satisfaction of the learned trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(DEVENDRA KACHHAWAHA),J
29-Bharti/-
2 issues framed by the court
Whether bail should be granted to the petitioner who is in judicial custody.
Whether the trial's expected duration justifies granting bail without determining merits.
1 provisions across 1 enactments
Asaram @ Asiya S/o Lalaram
State
Deendra Kachhawa
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
