In a bail application under Section 439 Cr.P.C., the High Court of Rajasthan at Jodhpur, relying on the delay in trial, allowed bail to the petitioner accused of offences under Sections 498-A and 306 IPC.
Petitioner released on bail in Rs.1,00,000 with two sureties of Rs.50,000 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 AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 118/2023
Arjun Ram S/o Sh. Kalu Ram @ Kalla Ram, Aged About 32 Years, B/c Banjara, R/o Jawai Bandh, P.s. And Teh. Sumerpur, Dist. Pali (Raj.). (Presently Lodged In Sub Jail, Bali).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. PradeepShah |
|---|---|
| For Respondent(s) | : Mr. N.S. Bhati,PP |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
16/01/2023
The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.513/2022 Police Station Sumerpur, District Pali for the offence punishable under Sections 498-A and 306 of IPC.
Counsel for the petitioner submits that there is no evidence against the petitioner for abetment to commit suicide. Challan of the case has already been presented. 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 vehemently 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
(2 of 2) [CRLMB-118/2023]
petitioner under Section 439 Cr.P.C.
Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Arjun Ram S/o Shri Kalu Ram @ Kalla Ram, shall be released on bail in connection with FIR No.513/2022 Police Station Sumerpur, District Pali provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent surety 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
94-Ishan/-
2 issues framed by the court
Whether bail should be granted to the petitioner in the offence under Sections 498-A and 306 IPC.
Whether sufficient time will be required for the trial to conclude to justify granting bail.
1 provisions across 1 enactments
Arjun Ram S/o Sh. Kalu Ram @ Kalla Ram
State Of Rajasthan, Through Pp
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
