This High Court allowed an accused petitioner's bail application under Section 439 Cr.P.C. considering his advanced age and terminal stage prostate cancer, while directing him to furnish a personal bond and two family sureties.
Bail allowed with a personal bond of Rs. 50,000 and two sureties each in Rs. 25,000 to the trial court.
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[2024:RJ-JP:2923]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 9849/2023 Samundra Prasad S/o Shri Ramsukh, Aged About 65 Years, R/o Nai Aabadi, Bapi, Police Station Sainthal, District Dausa (Raj.) (At Present Confined In Central Jail, Jaipur).
----Petitioner
Versus
State Of Rajasthan, Through Its Public Prosecutor.
----Respondent
For Petitioner(s) : Mr. Anshuman Saxena For Respondent(s) : Mr. N.S. Gurjar, PP Mr. Rajendra Singh Tanwar
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order
18/01/2024
The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner in the matter arising out of F.I.R. No. 30/2023, Police Station Sainthal, District Dausa for the offence(s) punishable under Section(s) 143, 341, 323, 364 & 302 I.P.C. Later-on, charge-sheet has been filed under Section(s) 147, 148, 149, 323, 341, 325 & 302 I.P.C.
Learned counsel for the petitioner submits that the petitioner is a hexagenarian, he has been falsely implicated in the case and he is behind the bars since long time. Counsel further submits that the petitioner is presently suffering from Prostrate Cancer- 4th Stage and not in position to do his daily routine work without any attendant. It is further submitted that no specific role has been attributed to the petitioner. 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 his bail bonds. Therefore, the bail application deserves to be allowed.
[CRLMB-9849/2023]
[2024:RJ-JP:2923]
(2 of 2)
Learned Public Prosecutor and learned counsel for the complainant-respondent have vehemently opposed the bail application.
As per medical certificate dated 07.12.2023 submitted by learned Public Prosecutor, the petitioner is suffering from Prostrate Cancer- 4th Stage and is not able to do his daily work without any assistance.
Heard learned counsel for the parties and perused the material available on record.
Taking into consideration the submissions put forth and overall facts & circumstances of the case more particularly the medical record of the petitioner but without commenting upon detailed merits of the case, this Court deems it fit to enlarge the accused-petitioner on bail.
Therefore, the bail application is allowed . Accusedpetitioner, namely Samundra Prasad S/o Shri Ramsukh, 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.
(VINOD KUMAR BHARWANI),J
SAHIL SONI /1
1 issue framed by the court
Whether the bail application of the accused petitioner suffering from terminal illness should be allowed.
3 provisions across 2 enactments
Samundra Prasad S/o Shri Ramsukh
State Of Rajasthan
Vinod Kumar Bharwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
