Sharwan Ram vs State Of Rajasthan ...
2023 Latest Caselaw 4540 Raj

[2023/RJJD/014993]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous II Bail Application No. 13397/2022

Sharwan Ram S/o Sukhram, Aged About 28 Years, Akalkhori, P.s. Osian, Dist. Jodhpur. (At Present Lodged In Central Jail, Jodhpur).

                                                                    ----Petitioner
                                     Versus
State Of Rajasthan, Through Pp
                                                                  ----Respondent


For Petitioner(s)          :     Mr. K.L. Bishnoi
For Respondent(s)          :     Mr. S.S. Rajpurohit, PP



              HON'BLE MR. JUSTICE VIJAY BISHNOI

                           Judgment / Order

12/05/2023

Heard learned counsel for the parties and perused the

material available on record.

The petitioner(s) has/have been arrested in FIR No.237/2020

of Police Station Lohawat, District Jodhpur for the offence(s)

punishable under Section(s) 332, 353, 307/34 IPC, Section 3 of

the PDPP Act and Section 3/25 of the Arms Act. He/she/they

has/have preferred this/these second bail application(s) under

Section 439 Cr.P.C.

Leanred counsel for the petitioner has submitted that the

petitioner was arrested on 17.9.2020 and charges have been

framed against him long back, however till date, no prosecution

witnesses has been examined before the trial court. It is also

submitted that the co-accused persons namely Hanuman Ram and

Shiv Pratap have already been enlarged on bail. It is, thus, prayed

that the petitioner may also be granted bail.

[2023/RJJD/014993] (2 of 2) [CRLMB-13397/2022]

Per contra, learned Public Prosecutor has opposed the bail

application. It is argued that the allegations levelled against the

petitioner are of serious nature and a pistol has also been

recovered from him. It is also submitted that case of the petitioner

is distinguishable from that of co-accused persons, who have been

enlarged on bail, therefore, no case for grant of bail is made out.

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 second bail application(s) filed under

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

petitioner(s) - Sharwan Ram S/o Sukhram shall be released on

bail in connection with FIR No.237/2020 of Police Station Lohawat,

District Jodhpur 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

9-msrathore/-

Powered by TCPDF (www.tcpdf.org)