Partly allowed

Chena Ram v. State of Rajasthan

Rajasthan HC19 Oct 2023CRLMB/6806/2023

Case brief

AI extract

What is this about?

This single-judge order disposed of a bail application filed under Section 439 Cr.P.C. in a case of murder and dacoity. The court dismissed the application regarding the first petitioner when counsel withdrew it. For the second petitioner, bail was granted with bond and sureties.

What did the court decide?

Bail application dismissed for Petitioner 1 (Chena Ram); Bail granted for Petitioner 2 (Ghema Ram) on personal bond of Rs. 1L with two sureties of Rs. 50k each.

Chena Ram Vs State of Rajasthan — Cheque Dishonour | Rajasthan HC (2023)

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[2023:RJ-JD:35928]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 6806/2023

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Chena Ram S/o Shri Naina Ram, Aged About 22 Years, R/o Medado Ka Math, Ps, Bekaria, Dist. Udaipur, Rajasthan. (Presently Lodged In Dist. Jail Sirohi).

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Ghema Ram S/o Shri Lakharam, Aged About 30 Years, R/o Kali Bor, Ps Nana, Dist. Pali, Rajasthan. (Presently Lodged In Dist. Jail Sirohi)

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----Petitioners

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. SS Rathore For Respondent(s) : Mr. NS Bhati, PP

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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19/10/2023

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The petitioners have been arrested in connection with FIR No.349/2018 of Police Station Sumerpur (Pali), for the offence punishable under Sections 147, 449, 302 & 396 of IPC. They have preferred this bail application under Section 439 Cr.P.C.

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Counsel for the petitioners wants to withdraw the bail application qua petitioner No.1-Chena Ram.

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Hence, the bail application filed by the petitioners is hereby dismissed as withdrawn qua petitioner No.1-Chena Ram.

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So far as petitioner No.2 is concerned, counsel submits that similarly situated co-accused Lala Ram and Joshi Ram @ Joshiya have already been enlarged on bail by this Court and the case of present petitioner is similar to that co-accused. The accused-

(2 of 2)

[2023:RJ-JD:35928]

[CRLMB-6806/2023]

petitioner is in judicial custody 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.

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Learned Public Prosecutor has opposed the bail application.

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Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

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Accordingly, the bail application filed under Sec.439 Cr.P.C. is partly allowed and it is directed that petitioner Ghema Ram S/o Shri Lakharam, shall be released on bail in connection with FIR No. 349/2018 of Police Station Sumerpur (Pali), provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- 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.

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(MANOJ KUMAR GARG),J

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29-raksha/-

Chena Ram v. State of Rajasthan

Case brief

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Chena Ram v. State of Rajasthan

Case brief

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