Allowed

Shivlal S/O Prahlad v. State of Rajasthan

Rajasthan HC3 Jul 2024CRLMB/4330/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the bail application filed by three accused persons confined in District Jail, Jhalawar. The court directed their release on personal bond with sureties on the basis that no specific overt acts were assigned in the FIR and they were no longer required for interrogation.

What did the court decide?

Accused-petitioners released on bail against a personal bond of Rs.1,00,000/- each with two sureties in Rs.50,000/- each.

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

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[2024:RJ-JP:27595]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 4330/2024

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Shivlal S/o Prahlad, Aged About 40 Years, R/o Bhawrasa Police Station Jhalrapatan District Jhalawar. (At Present Confined In District Jail, Jhalawar (Raj.)

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Sanjeet S/o Banshilal, Aged About 30 Years, R/o Bhawrasa Police Station Jhalrapatan District Jhalawar. (At Present Confined In District Jail, Jhalawar (Raj.)

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Balmukund S/o Banshilal, Aged About 32 Years, R/o Bhawrasa Police Station Jhalrapatan District Jhalawar. (At Present Confined In District Jail, Jhalawar (Raj.)

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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. Rohit Khandelwal For Respondent(s) : Mr. Sanjeev Mahla, PP

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HON'BLE MR. JUSTICE GANESH RAM MEENA

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Judgment / Order

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03/07/2024

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Petitioners have filed this bail application under Section 439 Cr.P.C., arising out of F.I.R. No.106/2024, registered with the Police Station Jhalarapatan, District Jhalwar for offence under Sections 143, 341, 323, 452, 316, 34 of IPC.

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Counsel for the petitioners submits that as per the contents of the First Information Report (in short ‘F.I.R.’), no specific overt act has been assigned to the petitioners. There are general allegations against all the accused petitioners. Counsel further submits that the petitioners and the complainant-party are family

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members and the alleged incident took place at the spur of the moment because of some hot discussion at their agricultural field. Counsel further submits that the petitioners are behind the bars since 28.03.2024 and Police after concluding the investigation, has submitted charge-sheet against all the accused-petitioners and they are no more required for any kind of interrogation and recovery, therefore, they may kindly be released on bail.

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Learned Public Prosecutor has vehemently opposed the bail application.

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Considered the submissions made by counsel for the petitioners as well as the learned Public Prosecutor and also perused the Challan Papers, placed before this court by counsel for the petitioners.

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As per the contents of the F.I.R., no specific overt act has been assigned to the petitioners and there are general allegations against all the accused- petitioners. It is also brought to the notice of this Court that some of the co-accused persons have already been granted bail by the Sessions Judge, Jhalawar, vide its order dated 27.06.2024 in Bail Application No.400/2024.

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Taking into consideration the overall facts and circumstances of the case, this Court without expressing any opinion on the merits and demerits of the case deems just and proper to enlarge the petitioners on bail.

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This bail application is, accordingly, allowed and it is directed that accused-petitioners shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.1,00,000/(Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction

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of the trial Court with the stipulation that they shall appear before that Court and any Court to which the matter be transferred, on all subsequent dates of hearing and as and when called upon to do so.

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(GANESH RAM MEENA),J

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ARTI SHARMA /64

Shivlal S/O Prahlad v. State of Rajasthan

Case brief

What is this about?

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Shivlal S/O Prahlad v. State of Rajasthan

Case brief

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