The High Court at Jodhpur allowed bail applications filed under Section 439 Cr.P.C. by Shiv Ram and Sanjay Singh accused of offences under various IPC sections, directing them to execute a bond with sureties.
Enlargement on bail of Shiv Ram and Sanjay Singh via a personal bond of Rs.50,000/- with 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.
[2023/RJJD/011078]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2346/2023
Shiv Ram S/o Sh. Rovan Singh, Aged About 50 Years, Sitara, P.s. Kumhera, Dist. Bharatpura At Present Quarter No. 2404, Railway Workshop Colony, P.s. Shastri Nagar, Jodhpur. (At Present Lodged At Central Jail, Jodhpur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected with
S.B. Criminal Miscellaneous Bail Application No. 3882/2023
Sanjay Singh @ Sunny S/o Mohan Singh, Aged About 23 Years, Vill. Silari, P.s. Bilara, At Present R/o D/8/c Rpf Colony, P.s. Ratanada, Jodhpur (Raj.). (At Present Lodged In Central Jail, Jodhpur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
| ----Respondent | |
|---|---|
| For Petitioner(s) | : Mr. R.N. Choudhary Mr. S.L. Manda |
| For Respondent(s) | : Mr. Mahipal Bishnoi, PP Mr. J.V.S. Deora |
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
20/04/2023
The instant bail applications have been filed under Section 439 Cr.P.C. on behalf of accused-petitioners. The petitioners have been arrested in connection with FIR No.15/2023 registered at
[2023/RJJD/011078]
(2 of 3)
Police Station Shastri Nagar, District Jodhpur for the offence(s) under Sections 147, 148, 149, 460, 307, 354 and 379 of I.P.C.
Mr. R.N. Choudhary, learned counsel undertakes that N.O.C. has been received and he has submitted Vakalatnama on behalf of petitioners.
Learned counsel for the petitioners submits that eye witnesses in their statements recorded under Section 164 of Cr.P.C. have attributed the injuries caused to injured Manohar Singh by the accused Rahul Meena and the allegation against the present petitioners Shiv Ram and Sandeep are omnibus and the recovery of sword is at the instance of accused Rahul. The accused petitioners are in custody from 11.01.2023 (Shiv Ram), 16.01.2023 (Sanjay Singh @ Sunny) and the trial of the case will take sufficiently long time. Therefore, the benefit of grant of bail may be granted to the accused-petitioners.
Per contra, learned Public Prosecutor and learned counsel for the complainant oppose the grant of bail applications.
Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case and looking to the statements of eye witnesses recorded under Section 164 of Cr.P.C. and the contents of the F.I.R., I deem it just and proper to enlarge the accused-petitioners on bail.
Accordingly, the bail applications under Section 439 Cr.P.C. are allowed and it is ordered that the accused-petitioners (1) Shiv Ram S/o Sh. Rovan Singh and (2) Sanjay Singh @ Sunny S/o Mohan Singh in connection with FIR No.15/2023 registered at Police Station Shastri Nagar, District Jodhpur shall be enlarged on bail provided each of them furnishe a personal bond in the sum of
[2023/RJJD/011078]
(3 of 3)
Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so.
(PRAVEER BHATNAGAR),J
168-169-Suraj/-
1 issue framed by the court
Whether to grant bail to accused-petitioners Shiv Ram and Sanjay Singh in connection with offences under Sections 147, 148, 149, 460, 307, 354 and 379 IPC.
1 provisions across 1 enactments
Shiv Ram S/o Sh. Rovan Singh
Sanjay Singh @ Sunny S/o Mohan Singh
State Of Rajasthan
Praveer Bhatnagar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
