High Court allowed bail applications for three accused persons facing arrest under offences including robbery and forgery, noting that co-accused had already been released upon entry of a compromise settlement.
Petitioners released on bail by furnishing one bond of Rs.50,000/- and 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.
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[2023/RJJD/018149]
[CRLMB-3152/2023]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 3152/2023
Sanwar Lal Luhar S/o Bheru Lal Luhar, Aged About 32 Years, R/o Sarera Thana Rayla District Bhilwara. (At Present At Sub Jail, Gulabpura Bhilwara)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 2687/2023 Laxminarayan @ Kalu Teli S/o Jeevan Teli, Aged About 28 Years, Sanodiya, P.s. Rayla, Dist. Bhilwara. (At Present Lodged In Sub Jail, Gulabpura).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 3153/2023 Kishan Gurjar S/o Devkaran Gurjar, Aged About 24 Years, R/o Sareri, Police Station Rayla, District Bhilwara. (Presently Lodged In District Jail, Bhilwara)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Jitendra Ojha. Mr. Rajendra Singh Charan. Mr. N.K. Gurjar. For Respondent(s) : Mr. Shrawan Kumar, PP.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
[2023/RJJD/018149]
[CRLMB-3152/2023]
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30/05/2023
These applications for bail under Section 439 Cr.P.C. have been filed by the petitioners who have been arrested in connection with F.I.R. No.53/2023 registered at Police Station Rayla, District Bhilwara, for the offences punishable under Sections 458, 395, 397, 384 and 427 IPC.
Heard learned counsel for the petitioners and the learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioners submitted that in the FIR dated 25.02.2023 lodged against the petitioners, omnibus allegations have been levelled against them and co-accused persons. Learned counsel submitted that the investigating agency has already filed challan before the competent criminal court.
Learned counsel further submitted that co-accused persons namely Bhairulal Teli, Kamlesh Lohar, Ramjas Gurjar and Raju Lohar have already been enlarged on bail by the Additional Sessions Judge, Gulabpura, District Bhilwara vide order dated 26.05.2023 on the ground that co-accused persons and complainant have entered into compromise and they have decided to settle their dispute amicably. Learned counsel submitted that the case of the present petitioners is not distinguishable from that of co-accused persons who have already been enlarged on bail. On these grounds, he implored the Court to enlarge the petitioners on bail.
Per contra, learned Public Prosecutor has opposed the bail applications, however, he was not in position to dispute the fact that co-accused persons have already been enlarged by the Additional Sessions Judge, Gulabpura, District Bhilwara on bail on the ground
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that the parties have entered into compromise and decided to settle their dispute amicably.
Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail applications filed by the petitioners deserve to be accepted.
Consequently, these bail applications under Section 439 Cr.P.C. are allowed. It is ordered that the accused-petitioners (1) Sanwar Lal Luhar S/o Bheru Lal Luhar, (2) Laxminarayan @ Kalu Teli S/o Jeevan Teli and (3) Kishan Gurjar S/o Devkaran Gurjar arrested in connection with F.I.R. No.53/2023 registered at Police Station Rayla, District Bhilwara, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for their appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.
A copy of this order be placed in each file.
(KULDEEP MATHUR),J
36 to 38-Tikam/-
1 issue framed by the court
Whether bail should be granted to petitioners when co-accused persons have already been enlarged on bail due to compromise between parties.
Colour shows how this judgement treated each authority
NoneReferred
2 provisions across 2 enactments
Sanwar Lal Luhar
Laxminarayan @ Kalu Teli
Kishan Gurjar
State Of Rajasthan
KULDEEP MATHUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
