Allowed

Prahlad Ram v. State

Rajasthan HC5 Mar 2022CRLMB/598/2022

Case brief

AI extract

What is this about?

The Supreme Court of India in Prahlad Ram v. State of Rajasthan allowed the petitioner's bail application under Section 439 Cr.P.C. for offences under the Rajasthan Excise Act, considering the offence is triable by a Magistrate, duration of custody, and co-accused release.

What did the court decide?

The petitioner shall be released on bail subject to furnishing a personal bond of ₹50,000 and two sureties of ₹25,000 each.

Prahlad Ram Vs State — Narcotics (NDPS) | 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. 598/2022

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Prahlad Ram S/o Rugga Ram, Aged About 55 Years, resident of Village Karna, Tehsil Sindhari, District Barmer. (Lodged in Sub Jail, Balotra).

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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. Dhirendra Singh, Sr. Advocate assisted by Ms. Priyanka Borana For Respondent(s) : Mr. Arun Kumar, PP

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order

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05/03/2022

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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.228/2021 of Samdari Police Station, District Barmer, registered for the offence punishable under Section 19/54 of the Rajasthan Excise Act.

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Heard learned counsel appearing for the petitioner as well as learned Public Prosecutor. Perused the material available on record.

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Learned counsel appearing for the petitioner stated that offence is triable by the Magistrate; benefit of bail has already been granted by the Co-ordinate Bench of this Court to the coaccused Hemant vide order dated 05.01.2022; petitioner is behind the bars since 11.12.2021; charge-sheet has been filed and trial of the case will take time. With these submissions, learned counsel

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(2 of 2)

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[CRLMB-598/2022]

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for the petitioner prayed that benefit of bail may be granted to the petitioner.

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Per contra, learned Public Prosecutor opposed the bail application and stated that earlier, 9 other cases have been registered against the accused-petitioner.

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Having regard to the facts and circumstances of this case, particularly to the facts that offence is triable by the Magistrate; benefit of bail has already been granted by the Co-ordinate Bench of this Court to the co-accused Hemant vide order dated 05.01.2022; charge-sheet has already been filed and trial of the case 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 – Prahlad Ram S/o Rugga Ram, arrested in connection with F.I.R. No.228/2021 of Samdari Police Station, District Barmer, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of ₹50,000/- (Rupees Fifty Thousand) and two sureties of 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.

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(DEVENDRA KACHHAWAHA),J

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109-Arvind/-

Prahlad Ram v. State

Case brief

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Prahlad Ram v. State

Case brief

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