Dismissed

Arjun Lal S/O Shri Lachhuram Rewad v. State of Rajasthan

Rajasthan HC20 Aug 2024CRLBC/96/2023

Case brief

AI extract

What is this about?

This Court dismissed a bail cancellation application under Section 439(2) CrPC against a bail order of the Additional District & Sessions Judge. Finding no sufficient ground to interfere, the Court held that the cross-case injuries were serious but not life-threatening and the accused is a government servant.

What did the court decide?

Bail cancellation application dismissed; bail granted to the accused respondent remains valid.

Arjun Lal S/O Shri Lachhuram Rewad Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:34954]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Bail Cancellation Application No.96/2023

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Arjun Lal S/o Shri Lachhuram Rewad, Aged About 39 Years, R/o Dungari Kalan Police Station Renwal District Jaipur Rajasthan

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----Complainant-Petitioner

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Versus

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State of Rajasthan through Public Prosecutor

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Non-petitioner

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Maliram S/o Shri Nandram, R/o Dungari Kalan, Police Station Renwal District Jaipur

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----Accused-Respondent

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For Petitioner(s) : Mr. Vinod Kumar Sharma, Advocate For Respondent(s) : Mr. Kuldeep Aswal, Advocate Mr. Shriram Dhakad, Public Prosecutor

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HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order

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20/08/2024 :

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Instant application has been preferred under Section 439 (2) of the Code of Criminal Procedure, 1973 seeking cancellation of bail granted to accused-respondent No.2, namely Maliram, under Section 439 of Cr.P.C. by the Court of Additional District & Sessions Judge, No.2, Sambhar Lake, District Jaipur, in S.B. Bail Application No.46/2023 vide its impugned order dt.07.06.2023, in F.I.R. No.214/2022 registered at Police Station Renwal District Jaipur for offences punishable under Sections 323, 341, 325, 308, 452 & 34 of Indian Penal Code.

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Learned counsel appearing for the complainant-petitioner contends that vide order dt.02.06.2023 passed by this Court, the accused-respondent No.2 was directed to surrender himself before the trial Court & move a regular bail application. Counsel further contends that the accused-respondent has not moved the bail application under Section 437 of Cr.P.C. & directly moved a bail application under Section 439 of Cr.P.C., which is not maintainable. The ld. trial Court, without

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(2 of 2) [CRLBC-96/2023]

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[2024:RJ-JP:34954]

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considering the F.IR., statement of witnesses & injury report of injured, has allowed the bail application vide its order dt.07.06.2023.

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Learned counsel appearing for the accused-respondent opposed the bail cancellation application & prayed for dismissal of the same, whereas learned Public Prosecutor has supported the submissions made by ld. Counsel for the complainant-petitioner.

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Heard. Perused the material made available on record.

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In the present case, the ld. Court of Additional District & Sessions Judge, No.2, Sambhar Lake, District Jaipur vide its order dt.07.06.2023 has allowed the regular bail application of the accusedrespondent No.2, namely Maliram under Section 439 of Cr.P.C. A crosscase was filed & the injuries were serious in nature but not dangerous to life. Co-accused, namely Harinarain was enlarged on bail & the accused is government servant.

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In view of above, this Court does not find any sufficient ground to interfere in the impugned order granting regular bail to the accused-respondent No.2, namely Maliram & no case is made out for cancellation of bail, hence, this bail cancellation application deserves to be dismissed.

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Consequently, the bail cancellation application is dismissed.

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(VINOD KUMAR BHARWANI),J.

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ASHOK/

Arjun Lal S/O Shri Lachhuram Rewad v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Arjun Lal S/O Shri Lachhuram Rewad v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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