Khuma Ram vs State
2021 Latest Caselaw 5118 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1965/2021

1. Khuma Ram S/o Danwra Ram, Aged About 45 Years, By Caste Sirvi, R/o Nimbeda Kalla, Jaitaran Police Station, Jaitaran, District Pali. (Lodged In Sub Jail, Jaitaran).

2. Sohan Lal S/o Khuma Ram, Aged About 23 Years, By Caste Sirvi, R/o Nimbeda Kalla, Jaitaran Police Station, Jaitaran, District Pali. (Lodged In Sub Jail, Jaitaran).

3. Suresh S/o Kesha Ram, Aged About 35 Years, By Caste Sirvi, R/o Nimbeda Kalla, Jaitaran Police Station, Jaitaran, District Pali. (Lodged In Sub Jail, Jaitaran).

----Petitioners Versus State, Through P.p.

                                                                ----Respondent


For Petitioner(s)        :     Mr. TRS Sodha
For Respondent(s)        :     Mr. Mohd. Javed Gauri, PP



             HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

23/02/2021

Heard learned counsel for the parties and perused

the material available on record.

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

No.502/2020 of Police Station Jaitaran, Distt. Pali for the

offence(s) punishable under Section(s) 341, 323, 504,

354, 452, 325, 307 IPC. He/she/they has/have preferred

this/these bail application(s) under Section 439 Cr.P.C.

Learned counsel for the petitioners has submitted

that cross cases have been filed by both the parties and

in the FIR filed on behalf of accused party, charge-sheet

(2 of 2) [CRLMB-1965/2021]

has been filed against sons of the complainant. It is also

submitted that it is a case of free fight, in which, injured

Kalu Ram has received injury, however, the petitioners

had no intention to kill the injured and the incident took

place on the spur of moment.

Learned Public Prosecutor has opposed the bail

application(s).

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 bail application(s) filed under

Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) - (1) Khuma Ram S/o Danwra Ram,

(2) Sohan Lal S/o Khuma Ram and (3) Suresh S/o Kesha

Ram shall be released on bail in connection with FIR

No.502/2020 of Police Station Jaitaran, Distt. Pali

provided 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

37-msrathore/-

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