Allowed

Sunka @ Sunil @ Sohan v. State of Rajasthan

Rajasthan HC16 Feb 2023CRLMB/1410/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan granted bail to the petitioner, an accused in an Arms Act case, holding that the impugned order did not disclose any ground excluding the court's jurisdiction to grant bail under Section 439 CrPC.

What did the court decide?

Petitioner shall be released on bail upon executing a personal bond of Rs.50,000 with two sound and solvent sureties of Rs.25,000 each.

Sunka @ Sunil @ Sohan Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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[2023/RJJD/005519]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 1410/2023

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Sunka @ Sunil @ Sohan S/o Hari Ram, Aged About 26 Years, Vadabhadvi, P.s. Bagoda, Dist. Jalore. (At Present Lodged At Sub Jail, Bhinmal).

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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.	K.L. Vishnoi
For Respondent(s)	: Mr.	Mukhtiyaar Khan,P.P.

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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16/02/2023

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The petitioner has been arrested in connection with FIR No.120/2022 of Police Station Bagoda, District Jalore for the offence punishable under Section 3/25 of the Arms Act. He has preferred this bail application under Section 439 Cr.P.C.

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Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. It is further submitted that offence is triable by the Magistrate. The accused-petitioner is in judicial custody since long and the trial of the case will take long time. Charge-sheet has been filed. Therefore, it is prayed that the accused-petitioner may be enlarged on bail.

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Learned Public Prosecutor has vehemently opposed the bail application and submitted that accused-petitioner is a habitual offender.

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Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the

[2023/RJJD/005519]

[CRLMB-1410/2023]

(2 of 2)

case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

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Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Sunka @ Sunil @ Sohan S/o Hari Ram shall be released on bail in connection with FIR No.120/2022 of Police Station Bagoda, District Jalore provided he executes a personal bond in a sum of Rs.50,000/with two sound and solvent sureties of Rs.25,000/- 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.

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(MADAN GOPAL VYAS),J

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73-Bharti/-

Sunka @ Sunil @ Sohan v. State of Rajasthan

Case brief

What is this about?

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Sunka @ Sunil @ Sohan v. State of Rajasthan

Case brief

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