The High Court allowed the bail application for accused-applicants Shyoji and Smt. Lacha Devi arrested under IPC sections 341, 307, 323, 325, 34. The court granted bail reflecting doubts about a delayed and controversial medical opinion.
Accused-applicants enlarged on bail; personal bond of Rs.50,000 with two sureties of Rs.25,000 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 BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 9681/2022
Accused-Applicants
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Dushyant Singh Naruka For Respondent(s) : Mr. Atul Sharma, PP
HON'BLE MR. JUSTICE SAMEER JAIN
Order
08/09/2022
(2 of 3)
[CRLMB-9681/2022]
exhibited by way of injury report dated 06.09.2021. The said opinion which was sent to medical jurist which was reserved and was given on 05.12.2021. The said report reflects injury No.3, as dangerous to life and was stated to be grievous in nature. Learned counsel has further submitted that the fact of reservation of medical opinion by the medical jurist and the same being given after a long period of three months, itself creates a doubt. The allegation against the medical jurist is also substantiated by way of order dated 1.11.2021, which is on record, wherein Dr. Manoj Swami was implicated in the matter of Prevention of Corruption Act. Learned counsel has further submitted that the conduct of medical jurist and his opinion is tainted. He has further submitted that there are no criminal antecedents pending against them and applicants are husband and wife of 55 and 50 years of age respectively.
(3 of 3)
[CRLMB-9681/2022]
and circumstances of the case and material on record, but without commenting on merits/demerits of the case, this court deems it appropriate to grant bail to the accused-applicants.
(SAMEER JAIN),J
JKP/9
2 issues framed by the court
Whether bail should be granted in the instant case considering the medical report delay and circumstances.
Whether the accused require personal bond and sureties.
1 provisions across 1 enactments
Shyoji Son Of Chauthu
Smt. Lacha Devi @ Laxmi Devi
State Of Rajasthan
SAMEER JAIN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
