Allowed

Jagdish v. State of Rajasthan

Rajasthan HC9 Apr 2024CRLMB/4359/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan at Jodhpur granted bail to two accused petitioners charged under Sections 341, 323/34 IPC. The court observed that the offences are triable by a Magistrate and the trial is likely to take a long time, deeming it suitable to enlarge the accused on bail subject to furnishing a personal bond and two sureties.

What did the court decide?

Bail granted to petitioners subject to a personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each.

Jagdish Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JD:16018]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 4358/2024

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Hurma S/o Roopji, Aged About 59 Years, R/o Ruav P.s. Jhallara District Udaipur. (At Present Lodged In Central Jail, Udaipur)

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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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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 4359/2024 Jagdish S/o Hurma, Aged About 29 Years, R/o Ruav, P.s. Jhallara District Udaipur. (At Present Lodged In Central Jail, Udaipur)

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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.	Rakesh Matoria
For Respondent(s)	: Mr.	A.R. Choudhary,PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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09/04/2024

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The jurisdiction of this Court has been invoked by way of filing applications under Section 439 Cr.P.C. at the instance of accused-petitioners. The requisite details of the matter

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are tabulated herein below:

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S.No.	Particulars o	f the Case
1.	FIR Number	70/2024
2.	Concerned Police Station	Jhallara
3.	District	Salumbar
4.	Offences alleged in the FIR	Under Sections 341, 323/34 of the IPC
5.	Offences added,if any	-

(2 of 3)

[2024:RJ-JD:16018]

[CRLMB-4358/2024]

Date of passing of impugned order 06.04.2024

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It is contended on behalf of the accused-petitioners that the offences alleged are triable by a Court of magistrate. No case for the alleged offences is made out against them and their incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioners and they have been made accused based on conjectures and surmises.

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Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

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I have considered the submissions made by both the parties and have perused the material available on record. The offences alleged are triable by a Court of magistrate. There is high probability that the trial may take long time to conclude. In light of these facts and circumstances, it is deemed suitable to grant the benefit of bail to the petitioners in the present matter.

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Accordingly, the instant bail applications under Section 439 Cr.P.C. are allowed and it is ordered that the accusedpetitioners as named in the cause title shall be enlarged on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance

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(3 of 3) [CRLMB-4358/2024]

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[2024:RJ-JD:16018]

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before the court concerned on all the dates of hearing as and

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when called upon to do so.

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(FARJAND ALI),J

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660-661 divya/-

Jagdish v. State of Rajasthan

Case brief

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Jagdish v. State of Rajasthan

Case brief

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