Allowed a bail application under Section 439 Cr.P.C. for an accused facing charges of cheating, assault, and attempt to murder, directing the grant of personal and surety bonds with a stipulation to appear in court.
Petitioner released on bail by furnishing a personal bond of 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.
[2023/RJJP/002021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
247/2023
Modu Lal S/o Sukhdev, R/o Village Meharana, Dist. Bundi. (At Present Confined In Sub Jail K Patan)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Amit Dadhich, Adv. For : Mr. M.S. Saini, PP Respondent(s)
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
07/02/2023
This bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in FIR No.359/2022 registered at Police Station Keshoraipatan, District Bundi for the offence(s) under Section(s) 341, 323, 307, 34 of IPC.
Learned counsel for the petitioner submits that the accused-petitioner is innocent and he has falsely been implicated in this case. He further submits that the accused-petitioner is in judicial custody since long and the conclusion of the trial will take long time, hence the petitioner may be enlarged on bail.
[CRLMB-247/2023]
[2023/RJJP/002021]
(2 of 2)
Learned Public Prosecutor appearing for the State has opposed the bail application.
Taking into consideration the overall facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner Modu Lal S/o Sukhdev shall be released on bail, provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Court, with the stipulation that the petitioner shall appear before that Court on all subsequent dates of hearing and as and when called upon to do so.
(UMA SHANKER VYAS),J
GAURAV SHARMA /75
2 issues framed by the court
Whether the petitioner is entitled to be released on regular bail in the custody of State.
Whether the delay in trial and false implication justify granting bail.
1 provisions across 1 enactments
Modu Lal
State Of Rajasthan
Uma Shanker Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
