Allowed

Mahendra Kumar v. State

Rajasthan HC3 Mar 2022CRLMB/588/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the bail application of Mahendra Kumar, arrested under FIR 387/2021 (dacoity) and convicted under Section 379 IPC. Despite the serious charge and seven prior cases, the court granted bail on a personal and two surety bonds, viewing the trial court as competent and noting the long pendency of trials.

What did the court decide?

The petitioner is released on bail on furnishing a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each.

Mahendra Kumar Vs State — Bail and Remand | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 588/2022

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Mahendra Kumar S/o Sh. Narpat Ram @ Naparam, Aged About 21 Years, R/o Phagotra Police Station Jhab Dist. Jalore (Raj.) (Presently Lodged At District Jail, Jalore)

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----Petitioner

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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. Kaushal Gautam
For Respondent(s)	: Mr. Shrawan Bishnoi,PP

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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03/03/2022

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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.387/2021, Police Station Bhinmal, District Jalore, registered for the offence punishable under Section 379 of the Indian Penal Code.

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Heard and considered arguments advanced by learned counsel for the petitioner as well as learned Public Prosecutor. Perused the material available on record.

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Learned counsel for the petitioner stated that offence is triable by Magistrate; no investigation or recovery is pending against the petitioner; further investigation and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner.

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(2 of 2)

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[CRLMB-588/2022]

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Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that seven other cases have been registered against the accused-petitioner out of which five cases are of identical nature.

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Having regard to the facts and circumstances of the case, particularly looking to the facts that offence is triable by the First Class Magistrate; all the other cases previously registered against the accused-petitioner are also triable by the First Class Magistrate; further investigation and 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.

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Consequently, the bail application is allowed. It is ordered that the accused-petitioner, Mahendra Kumar S/o Sh. Narpat Ram @ Naparam, arrested in connection with F.I.R. No.387/2021, Police Station Bhinmal, District Jalore, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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(DEVENDRA KACHHAWAHA),J

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31-Rashi/-

Mahendra Kumar v. State

Case brief

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What did the court decide?

Mahendra Kumar v. State

Case brief

What is this about?

What did the court decide?

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