This bail application was filed under Section 439 Cr.P.C. for an offence under Sections 392/34 IPC. The High Court granted bail, directing the petitioner to execute a bond with sureties for appearance till the conclusion of the trial.
Petitioner granted bail on personal bond of Rs. 2,00,000 with two sureties of Rs. 1,00,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 6458/2022
Mangi Lal S/o Shri Hajari Lal Loda, Aged About 63 Years, R/o Uachnar Khurd Ps Kapasan Dist. Chittorgarh (Presently Lodged At Distt. Jail Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. RaghurajSharma |
|---|---|
| For Respondent(s) | : Mr. Shrawan Bishnoi,PP |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
02/01/2023
The petitioner has been arrested in connection with FIR No.292/2021 of Police Station Kapasan, District Chittorgarh, for the offence punishable under Section 392/34 of IPC. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that offence is triable by Magistrate and similarly situated co-accused Shankarlal has already been enlarged on bail by this Court and the case of present petitioner is similar. The accused-petitioner is in judicial custody since 17.03.2022 and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor has 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
(2 of 2)
[CRLMB-6458/2022]
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 Mangi Lal S/o Shri Hajari Lal Loda, shall be released on bail in connection with FIR No.292/2021 of Police Station Kapasan, District Chittorgarh provided he executes a personal bond in a sum of Rs.2,00,000/with two sound and solvent sureties of Rs.1,00,000/- 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.
(MANOJ KUMAR GARG),J
15-raksha/-
2 issues framed by the court
Whether bail should be granted to the accused-petitioner in a bailable offence triable by Magistrate where a similarly situated co-accused has already been enlarged on bail.
Whether the petitioner, lodged in judicial custody, should be released on bail given the long trial duration.
3 provisions across 2 enactments
Mangi Lal S/o Shri Hajari Lal Loda
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
