2008(1) Crimes 678 (Raj.)
RAJASTHAN HIGH COURT
Mohammad Rafiq, J.
Surendra Singh —Petitioner
versus
State of Rajasthan —Non-petitioner
S.B. Criminal Misc. Bail application No. 7246 of 2007
Decided on 6.11.2007
Counsel for the Parties:
For the Petitioner:Shri Praveen Balwada, Advocate.
For the Non-Petitioner: Shri Ashwani Sharma, P.P.
Headnote:Criminal Procedure Code, 1973—Section 439—Petitioner was attesting witness on sale deed which was executed by seven persons and one of them impersonated a person already dead—Petitioner was in jail for more than a month—It was appropriate to enlarge petitioner on bail. (Paras 2 and 4)
Result: Application allowed.
ORDER
Mohammad Rafiq, J.—Heard learned counsel for the petitioner, learned public prosecutor for the State and perused the relevant documents placed before me.
2. Learned counsel for the petitioner argued that the petitioner was attesting witness of a sale deed which was executed jointly by seven sellers. It is alleged that one of the seller, Jairam had already died. Lalluram who is principal accused impersonated himself as Jairam. Main allegation of committing the alleged offence is therefore against Lalluram. The petitioner is in jail for last more than one month. Investigation is almost complete—and the trial of the case is likely to take long.
3. Learned public prosecutor has opposed the bail application and argued that considering the nature of the offence, the petitioner is not entitled to bail.
4. Without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case and the arguments aforestated, I deem it appropriate to enlarge the petitioner on bail.
5. In the result, this bail application under Section 439 Cr.P.C. is allowed and it is directed that petitioner Surendra Singh
S/o Ram Swaroop Singh shall be released on bail in F.I.R. No.108/07 P.S. Mandhan, Distt. Alwar subject to his furnishing a personal bond in the sum of Rs. 30,000 together with two sureties in the sum of Rs. 15,000 each to the satisfaction of the trial Court for his appearance before that Court on all dates of hearing and as and when called upon to do so till conclusion of the trial.
Application allowed.
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