Petitioner, arrested under IPC 392/34 IPC, sought bail under Section 439 Cr.P.C. arguing for Magistrate-triable offence and lengthy trial. Court granted bail directing execution of personal bond with sureties.
Petitioner released on bail via personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each for appearance before trial court.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 5816/2022
Sanjay S/o Kalu, Aged About 20 Years, R/o Ankleshwar, P.s. Kotwali, Dist. Banswara. (Presently Lodged In Jail Banswara).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) For Respondent(s) |
: Mr. Raghuveer Singh Bhati : Mr. S.S. Rajpurohit,PP. |
|---|
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
04/05/2022
The petitioner has been arrested in connection with FIR No. 177/2022 of Police Station Kotwali, District Banswara, for the offence punishable under Sections 392/34 of IPC. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that offence is triable by Magistrate. The accused-petitioner is 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 accused-petitioner.
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 petitioner under Section 439 Cr.P.C.
(2 of 2)
[CRLMB-5816/2022]
Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Sanjay S/o Kalu shall be released on bail in connection with FIR No.177/2022 of Police Station Kotwali, District Banswara, provided he 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 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.
(MANOJ KUMAR GARG),J
106-Ishan/-
2 issues framed by the court
Whether bail should be granted to the petitioner under Section 439 Cr.P.C. given that the offence is triable by a Magistrate and the trial will take sufficient time.
Whether the petitioner should be released on bail in connection with FIR No.177/2022, subject to execution of a personal bond with sureties.
1 provisions across 1 enactments
Sanjay S/o Kalu
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
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