Kailash Jakhar vs State
2021 Latest Caselaw 18420 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous III Bail Application No. 11137/2021

Kailash Jakhar S/o Fusaram, Aged About 27 Years, B/c Jat, R/o

Vishnu Nagar/sunda Nagar Jaloda, Lohawat, Dist. Jodhpur. (At

Present Lodged In Central Jail, Jodhpur).

----Petitioner Versus

State, Through Pp

----Respondent

For Petitioner(s) : Mr. Vinod Sharma

For Respondent(s) : Mr. Arun Kumar, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

03/12/2021

Heard learned counsel for the parties and perused

the material available on record.

The petitioner(s) has/have been arrested in FIR

No.91/2011 of Police Station Dechu, District Jodhpur for

the offence(s) punishable under Section(s) 147, 148,

332, 353, 307/149, 411 IPC and Section 3 of the PDPP

(2 of 3) [CRLMB-11137/2021]

Act. He/she/they has/have preferred this/these third bail

application(s) under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that

the petitioner is facing trial for the offence under Section

307 IPC. It is submitted that the maximum punishment

for the offence under Section 307 IPC, in a case where no

one is hurt, is ten years, whereas the petitioner is in

judicial custody from around 9 years and 8 months. It is

also submitted that out of the maximum punishment,

which can be awarded to the petitioner, he has already

served out the substantital sentence.

Learned Public Prosecutor has opposed the bail

application, however, admitted that no one got injured in

the incident.

Having regard to the totality of the facts and

circumstances of the case, without expressing any

opinion on the merits of the case, I deem it just and

proper to grant bail to the petitioner(s) under Section

439 Cr.P.C.

Accordingly, this/these third bail application(s) filed

under Section 439 Cr.P.C. is/are allowed and it is directed

that petitioner(s) - Kailash Jakhar S/o Fusaram shall be

released on bail in connection with FIR No.91/2011 of

Police Station Dechu, District Jodhpur provided

(3 of 3) [CRLMB-11137/2021]

he/she/they execute(s) a personal bond in the sum of

Rs.50,000/- with two sound and solvent sureties of

Rs.25,000/- each to the satisfaction of learned trial court

for his/her/their appearance before that court on each

and every date of hearing and whenever called upon to

do so till the completion of the trial.

(VIJAY BISHNOI),J

56-msrathore/-

Powered by TCPDF (www.tcpdf.org)