Kailash Chand S/O Shri Ramsukh vs The State Of Rajasthan ...
2023 Latest Caselaw 6803 Raj/2

Rajasthan High Court

Kailash Chand S/O Shri Ramsukh vs The State Of Rajasthan ... on 18 December, 2023

Author: Mahendar Kumar Goyal

Bench: Mahendar Kumar Goyal

[2023:RJ-JP:40363]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Bail Application (Interim) No.
                                16130/2023

Kailash Chand S/o Shri Ramsukh, Aged About 63 Years, R/o
Bapi, Police Station Sainthal, District Dausa (Raj.) (At Present
Confined In District Jail, Dausa).
                                                                 ----Applicant
                                    Versus
1.       The State Of Rajasthan, Through Its PP
                                                                  Respondent

2. Moti Singh Rajput S/o Late Shri Kishan Singh, Aged About 38 Years, R/o Bapi, Sainthal, Dausa (Rajasthan).

                                     ----Complainant-Victim-Respondent


For Petitioner(s)         :     Mr. Anshuman Saxena
For Respondent(s)         :     Mr. Ghan Shyam Singh Rathore, GA
                                cum AAG
                                Mr. Babu Lal Nasuna, P.P.

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Judgment / Order

18/12/2023 The present interim bail application has been filed under

Section 439 Cr.P.C. The petitioner has been arrested in connection

with FIR No.30/2023 registered at Police Station Sainthal, District

Dausa for the offence(s) under Section(s) 143, 341, 323, 364 &

302 IPC and later on for the offences under Sections 147, 148,

149, 323, 341, 325, 364 & 302 IPC.

Learned counsel for the petitioner submits that his mother

had expired on 10.12.2023 and upon verification of this factum,

the co-accused Samundra Prasad-his brother has been extended

benefit of interim bail by a Coordinate Bench of this Court vide

[2023:RJ-JP:40363] (2 of 2) [CRLMB-16130/2023]

order dated 12.12.2023. He, therefore, prays for similar relief for

the petitioner as well.

Learned Public Prosecutor did not dispute the aforesaid

statement.

Taking into consideration the submissions advanced by

learned counsel for the petitioner and the order dated 12.12.2023

passed by a Coordinate Bench of this Court extending Samundra

Prasad, co-accused and brother of the petitioner, benefit of interim

bail on account of death of parties' mother; but, without

expressing any opinion on the merits of the case, this Court

deems it just and proper to enlarge the petitioner on interim bail.

Accordingly, the instant interim bail application is allowed

and it is directed that accused-petitioner Kailash Chand S/o Shri

Ramsukh arrested in connection with FIR No.30/2023 registered

at Police Station Sainthal, Dausa shall be enlarged on interim bail

till 02.01.2024 provided he furnishes a personal bond in the sum

of ₹50,000/- and two sureties in the like amount each to the

satisfaction of the learned trial Court. The petitioner shall

surrender before the concerned jail authority on 03.01.2024.

(MAHENDAR KUMAR GOYAL),J

Manish/S-1696

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