Pyarchand vs The State Of Rajasthan ...
2023 Latest Caselaw 7905 Raj

[2023:RJ-JD:32708]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 11570/2023

Pyarchand S/o Shri Nathu, Aged About 53 Years, R/o Narsinghgarh, PS Nimbahera. (At Present Lodged In District Jail, Pratapgarh)

----Petitioner Versus The State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Ramesh Chandra Purohit For Respondent(s) : Mr. A.R. Choudhary, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

04/10/2023

1. The jurisdiction of this Court has been invoked by way of

filing an application under Section 439 Cr.P.C. at the instance of

accused-petitioner. The requisite details of the matter are

tabulated herein below:

S.No.                                Particulars of the Case
     1.     FIR Number                                       40/2010
     2.     Concerned Police Station                         Dholapani
     3.     District                                         Pratapgarh
     4.     Offences alleged in the FIR                      Section 302 of IPC
     5.     Offences added, if any                           Section 302/34 of IPC

6. Date of passing of impugned order 16.08.2023

2. It is contended on behalf of the accused-petitioner that no

case for the alleged offences is made out against him and his

incarceration is not warranted. There are no factors at play in

the case at hand that may work against grant of bail to the

[2023:RJ-JD:32708] (2 of 3) [CRLMB-11570/2023]

accused-petitioner and he has been made an accused based

on conjectures and surmises.

3. Contrary to the submissions of learned counsel for the

petitioner, learned Public Prosecutor opposes the bail

application and submits that the present case is not fit for

enlargement of accused on bail.

4. It is reported by the learned Public Prosecutor that the

complainant Bhanwar had passed away in a vehicular

accident one year ago. Thus, learned Public Prosecutor has

been directed to safeguard the interest of the complainant

also.

5. Heard learned counsel for the parties and perused the

material available on record.

6. It is reflecting from the material available on record that from

the earlier charge-sheet against the co-accused Laxman

Singh has been filed only after rigorous trial, he has been

acquitted from the charges vide judgment dated 25.03.2011.

The statements of the witnesses got recorded in that trial

have been examined by this Court. After going through the

entire facts and circumstances of the case, more particularly

the fact that the trial would still take a long time to conclude,

it is deemed suitable to grant the benefit of bail to the

petitioner in the present matter.

5. Accordingly, the instant bail application under Section 439

Cr.P.C. is allowed and it is ordered that the accused-petitioner

as named in the cause title shall be enlarged on bail provided

he furnishes a personal bond in the sum of Rs.50,000/- with

[2023:RJ-JD:32708] (3 of 3) [CRLMB-11570/2023]

two sureties of Rs.25,000/- each to the satisfaction of the

learned trial Judge for his appearance before the court

concerned on all the dates of hearing as and when called

upon to do so.

(FARJAND ALI),J 156-Ashutosh/-

Powered by TCPDF (www.tcpdf.org)