Citation : 2022 Latest Caselaw 6779 Raj
Judgement Date : 7 May, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 5547/2022
1. Prakash Ram S/o Ravta Ram, Aged About 24 Years, R/o Malpura Ps R G T Nagar Dist. Barmer (At Present Lodged In Sub Jail Baotra)
2. Ramesh Kumar S/o Kalu Ram, Aged About 26 Years, R/o Malpura Ps R G T Nagar Dist. Barmer (At Present Lodged In Sub Jail Baotra)
----Petitioners Versus State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr Jitendra Ojha For Respondent(s) : Mr S.K. Bhati Public Prosecutor
HON'BLE MR. JUSTICE FARJAND ALI
Judgment / Order
07/05/2022
It is pointed out by the Registry that the bail application of
the petitioner No.2 Ramesh Kumar has been allowed by the
learned Sessions Judge itself vide order which has been impugned
in this bail application.
It appears that the learned counsel for the petitioner has
filed this bail application on behalf of both the accused persons-
Prakash Ram and Ramesh Kumar without application of mind. The
order annexed with the bail application clearly reflects that the
learned Sessions Judge has allowed the bail application of Ramesh
Kumar (petitioner No.2), while rejecting the bail to Prakash Ram,
the petitioner No.1.
(2 of 2) [CRLMB-5547/2022]
Thus, the present bail application of the petitioner No.2
Ramesh Kumar is not maintainable and the same is dismissed
accordingly.
Heard learned counsel for the petitioner as well as learned
Public Prosecutor on the bail plea of accused petitioner Praksh
Ram and perused the challan papers.
It is emanating from the record that there are clear
allegations of inflicting life threatening injury to the victim and
that has been assigned to the accused petitioner Prakash Ram.
The MLC report shows fracture on fronto-temporal bone of the
victim.
Thus, looking to the gravity of the offence and availability of
material in support thereof, I am not inclined to enlarge the
accused petitioner Prakash Ram on bail at this stage.
Accordingly, the bail application filed by accused petitioner
Prakash Ram is dismissed. However, the petitioner would be at
liberty to move fresh bail application after the statements of the
victim are recorded in the trial.
(FARJAND ALI),J 172-Hn-MMA/-
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