In two connected bail applications, the High Court of Rajasthan at Jodhpur granted bail to petitioners arrested for theft and mischief offences under Section 439 Cr.P.C., directing them to execute a personal bond.
Bail granted to petitioners on execution of a personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- 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
S.B. Criminal Miscellaneous Bail Application No. 5091/2022
Nand Lal S/o Kalu Lal, Aged About 40 Years, R/o Kachriya Khedi, Tehsil Nimbahera, District Chittorgarh (Raj.)
(Presently Lodged At Sub Jail, Nimbahera)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 5092/2022 Jalam Singh S/o Sohan Singh, Aged About 40 Years, R/o Roop Pura, P.s. Javad, District Neemuch (M.P.), At Present R/o Pani Ki Tanki Ke Pass, Ambanagar Nimbahera, P.S. Kotwali Nimbahera, District Chittorgarh (Raj.)
(Presently Lodged At Sub Jail, Nimbahera)
----Petitioner
Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Zafar Khan. For Respondent(s) : Mr. Mukhtiyar Khan, P.P.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
19/04/2022
The present bail applications have been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with F.I.R No.618/2021, Police Station Kotwali Nimbahera, District Chittorgarh, for the offences punishable under Sections 457, 380 and 411 of the I.P.C.
Learned counsel for the petitioners submits that the offences
(2 of 2)
[CRLMB-5091/2022]
alleged to have been committed by the petitioners are triable by magistrate. The accused-petitioners are in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accusedpetitioners.
Learned Public Prosecutor has opposed the bail application.
Having regard to the totality of the facts and circumstances 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 applications filed under Sec.439 Cr.P.C. are allowed and it is directed that petitioners Nand Lal S/o Kalu Lal & Jalam Singh S/o Sohan Singh shall be released on bail in connection with F.I.R No.618/2021, Police Station Kotwali Nimbahera, District Chittorgarh provided each of them executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- 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
127-128. prashant/-
1 issue framed by the court
Whether bail should be granted under Section 439 Cr.P.C. to the petitioners arrested for offences punishable under Sections 457, 380 and 411 of the I.P.C.
1 provisions across 1 enactments
Nand Lal S/o Kalu Lal
Jalam Singh S/o Sohan Singh
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
