HC Bench issued bail order under Section 439 Cr.P.C. granting bail to petitioner accused in offences under IPC 143, 341, 323, 307, 504, directing release on a personal bond with sureties.
Petitioner released on bail on personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each.
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[2023/RJJP/002217]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
322/2023
Sumit Kumar Jhanjharia Son Of Shri Vijay Kumar, Aged About 20 Years, Resident Of Dingali, Police Station Hamirwas, District Churu, At Present Tenant Ward No. 10, Near City Super Market, Pilani, District Jhunjhunu (At Present In District Jail Jhunjhunu)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Amit Punia, Adv. For : Mr. M.K. Sheoran, PP Respondent(s)
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
09/02/2023
This bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in FIR No.346/2022 registered at Police Station Pilani, District Jhunjhunu for the offence(s) under Section(s) 143, 341, 323, 307, 504 of IPC.
Learned counsel for the petitioner submits that the accused-petitioner is innocent and he has falsely been implicated in this case. Learned counsel for the
[2023/RJJP/002217]
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petitioner further submits that co-accused has already been enlarged on bail by Coordinate Bench of this Court. He also submits that the accusedpetitioner is in judicial custody since long and the conclusion of the trial will take long time, hence the petitioner may be enlarged on bail.
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 Sumit Kumar Jhanjharia Son
Of Shri Vijay Kumar 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/54
1 issue framed by the court
Whether the petitioner ought to be granted bail under Section 439 Cr.P.C. given his prolonged custody and the delays in trial.
1 provisions across 1 enactments
Sumit Kumar Jhanjharia
State Of Rajasthan
Uma Shanker Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
