Citation : 2022 Latest Caselaw 5695 Raj
Judgement Date : 19 April, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous IInd Bail Application No. 4978/2022
Indarmal S/o Pyara @ Shanti Lal Kharol, Aged About 33 Years, R/o Tapariya Khedi, Police Station Gangapur, District Bhilwara (Raj.) (Lodged At Dist. Jail, Bhilwara)
----Petitioner Versus State Of Rajasthan, Through P.P.
----Respondent Connected With S.B. Criminal Miscellaneous IInd Bail Application No. 4979/2022 Shanti Lal @ Pyara Lal S/o Raghunath Kharol, Aged About 65 Years, R/o Tapariya Khedi, Police Station Gangapur, District Bhilwara (Raj.) (Lodged At Dist. Jail, Bhilwara)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Manoj Kumar Pareek. For Respondent(s) : Mr. Mukhtiyar Khan, P.P.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG Judgment / Order
19/04/2022
The aforesaid second bail applications have been preferred
by the petitioners under Section 439 Cr.P.C. The petitioners have
been arrested in connection with F.I.R. No.321/2021, Police
Station Gangapur, District Bhilwara, for the offences punishable
under Sections 306, 384, 120-B I.P.C.
The first bail application of the petitioners was dismissed by
this Court vide order dated 11.03.2022 as not pressed with liberty
to file a fresh bail application after filing of the challan.
(2 of 2) [CRLMB-4978/2022]
Learned counsel for the petitioners submits that there is no
evidence against the petitioners for abetment to commit suicide.
Challan of the case has already been presented and no
investigation is pending. The trial of the case will take sufficient
long time to be concluded, therefore, the benefit of second bail
should be granted to the accused-petitioners.
Learned Public Prosecutor has opposed the bail application.
Having regard to the totality of the facts and circumstances
of the case and gone through the material available on record,
without expressing any opinion on the merits of the case, I deem
it just and proper to grant bail to the accused petitioners under
Section 439 Cr.P.C.
Accordingly, the second bail applications filed under Sec.439
Cr.P.C. are allowed and it is directed that petitioners Indarmal S/o
Pyara @ Shanti Lal Kharol & Shanti Lal @ Pyara Lal S/o Raghunath
Kharol shall be released on bail in connection with F.I.R.
No.321/2021, Police Station Gangapur, District Bhilwara provided
each of them executes a personal bond in a sum of Rs.1,00,000/-
and two sound and solvent sureties of Rs.50,000/- each to the
satisfaction of learned trial court for 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.
(MANOJ KUMAR GARG),J 123-124. prashant/-
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