This court allowed the second bail application of a petitioner convicted under IPC 307 and Arms Act, ordering release on personal bond with sureties without expressing an opinion on case merits.
Petitioner to be enlarged on bail on furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 8354/2022
Harendra Son Of Shri Ramjilal, R/o Vilage Khurd, Police Station Sadar, District Dholpur (Raj.) (At Present Petitioner Confined In Distt Jail Dholpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp.
----Respondent For Petitioner(s) : Mr. Govind Upadhyay For Respondent(s) : Mr. Mahendra Meena, Public Prosecutor
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA
Order
04/07/2022
This second bail application has been filed under Section 439 Cr.P.C in connection with FIR No.649/2021 registered at Police Station Kotwali, District Dholpur for the offences under Section 307 of IPC and under Section 3/25 of Arms Act.
Learned counsel for the petitioner submits that the petitioner is behind the bars since long and first bail application of the petitioner was dismissed by this Court on 09.03.2022. Counsel further submits that during course of the trial, statement of injured has been recorded as PW-2 and she is hostile witness. Counsel also submits that statement of PW-1- Husband of the injured has also been recorded and he is also a hostile witness. Hence, the petitioner may kindly be released on bail.
Learned Public Prosecutor has opposed the second bail application.
(2 of 2) [CRLMB-8354/2022]
Considering the submissions made by learned counsel for the petitioner and taking into consideration overall facts and circumstances of the case but without expressing any opinion on the merits/demerits of the case, this court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the second bail application under Section 439 Cr.P.C. is allowed and it is ordered that the petitioner Harendra Son Of Shri Ramjilal shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so.
(CHANDRA KUMAR SONGARA),J
Satyendra/19
1 issue framed by the court
Whether the petitioner should be enlarged on bail in a second bail application considering all facts and circumstances.
2 provisions across 2 enactments
Harendra Son Of Shri Ramjilal
State Of Rajasthan
CHANDRA KUMAR SONGARA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
