Held just and proper to grant bail to the petitioner charged under Arms Act despite lack of meritorious opinion given, directing release on personal bond with sureties.
Petitioner released on bail executing a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each to the trial court.
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[2023/RJJD/008335]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 3035/2023
Girish Sharma S/o Sh. Bhanwarlal, Aged About 35 Years, R/o Aakodadha Ps Nathdwara Dist. Rajsamand Raj. (At Present Lodged In Dist. Jail Rajsamand)
----Petitioner
Versus
State Of Rajasthan, Through The Pp
----Respondent
For Petitioner(s) : Mr. Nishit Shah For Respondent(s) : Mr. Mukhtiyar Khan, P.P.
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
04/04/2023
The petitioner has been arrested in connection with FIR No.49/2023 of Police Station Kelwa, District Rajsamand for the offences punishable under Sections 3/25 and 5/25(7) of the Arms Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. It is further submitted that offences are triable by the First Class Magistrate. The accused-petitioner is in judicial custody since long and the trial of the case will take long time. Therefore, it is prayed that the accused-petitioner may be enlarged on bail.
Learned Public Prosecutor has 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
[2023/RJJD/008335]
[CRLMB-3035/2023]
(2 of 2)
case, I deem it just and proper to grant bail to the accused 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 Girish Sharma S/o Sh. Bhanwarlal shall be released on bail in connection with FIR No. 49/2023 of Police Station Kelwa, District Rajsamand 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.
(MADAN GOPAL VYAS),J
69-Bharti/-
1 issue framed by the court
Whether bail shall be granted to the petitioner charged under the Arms Act who has been in custody for a long time.
2 provisions across 2 enactments
Girish Sharma
State Of Rajasthan
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
