Allowed

Balram S/O Laxminarayan v. State of Rajasthan

Rajasthan HC12 Feb 2024CRLMB/408/2024

Case brief

AI extract

What is this about?

Bail application under Section 439 Cr.P.C. by an accused previously declared absconder who surrendered and was in custody for offences under Sections 399 & 402 IPC and Arms Act. Court enlarged him on bail with a personal bond of Rs.50,000/- and two sureties.

What did the court decide?

Accused-petitioner enlarged on bail on personal bond Rs.50,000/- with two sureties Rs.25,000/- each.

Balram S/O Laxminarayan Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:7069]

[CRLMB-408/2024]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 408/2024

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Balram S/o Laxminarayan, R/o Village Bahadurpur, Police Station Balghat, Todabheem, District Karauli (Raj.) (At Present In Central Jail, Jaipur)

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----Petitioner

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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. Padam Singh Gurjar For Respondent(s) : Mr. Mahendra Meena, P.P.

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HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

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Order

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12/02/2024

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner against the impugned order dated 21.12.2023 passed by learned Trial Court for the offence(s) punishable under Sections 399 & 402 of I.P.C. and Section 3/25 & 4/25 of Arms Act, in F.I.R. No. 879/2016, registered at Police Station Pratap Nagar, District Jaipur East (Raj.).

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Learned counsel for the petitioner submits that due to nonappearance in compliance of order dated 22.12.2016, the bailbonds of the petitioner was forfeited on 28.03.2017. He was summoned through arrest warrant and subsequently, he was declared as an absconder on 31.08.2022. Thereafter, a standing warrant was issued against him. Counsel further submits that the petitioner did not appear before the learned Trial Court due to his

[2024:RJ-JP:7069]

[CRLMB-408/2024]

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illness, as his jaw was broken and he has submitted the medical documents in this regard. In compliance of the arrest warrants, the petitioner has surrendered himself before the learned Trial Court on 19.12.2023, since then, he is in custody. Trial of the case is likely to take a long time to conclude, till then, his further incarceration would not serve any fruitful purpose and he is ready and willing to furnish bail bonds for his release. Therefore, the bail application deserves to be allowed.

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Learned Public Prosecutor has vehemently opposed the bail application.

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Heard learned counsel for the parties and perused the material made available on record.

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Taking into consideration the submissions put forth and overall facts and circumstances of the case but without commenting upon detailed merits of the case, this Court deems it fit to enlarge the accused-petitioner on bail.

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Therefore, the bail application is allowed. Accused-petitioner, namely Balram S/o Laxminarayan, shall be released on bail, if he is not required in any other case, provided he furnishes a personal bond in the sum of Rs.50,000/- (Fifty Thousand) together with two sureties in the sum of Rs.25,000/- (Twenty-five Thousand) each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any other court to which the matter is transferred, on all subsequent dates of hearing and as and when he is called upon to do so.

[2024:RJ-JP:7069]

[CRLMB-408/2024]

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(VINOD KUMAR BHARWANI),J

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SAURABH /30

Balram S/O Laxminarayan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Balram S/O Laxminarayan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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