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2014 Supreme(Chh) 409
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Sanjay K. Agrawal, J.
Hasan Khan – Appellant
Vs.
State of C.G. – Respondent
M. Cr. C. No. 6338 of 2014
Decided On: 03.12.2014
Advocate Appeared:
For Appellant/Petitioner/Plaintiff:Uttam Pandey, Advocate
For Respondents/Defendant: Arvind Dubey, Panel Lawyer
The court considered the totality of the facts, including the applicant's previous release on bail and the time spent in jail, in deciding to grant bail.
Headnote:
Bail Application - Offences under Sections 324 & 307 IPC - The court allowed the bail application considering the totality of the facts, including the fact that the applicant was earlier released on bail and had not misused the liberty granted to him, and the fact that the applicant had been in jail since a certain date.
Fact of the Case:
The accused/applicant filed a bail application under Section 439 of the Code of Criminal Procedure for offences under Sections 324 & 307 IPC. The prosecution alleged that the applicant caused stab injuries to the complainant, resulting in hospitalization.
Finding of the Court:
The court, considering the totality of the facts, including the applicant's previous release on bail and the time spent in jail, found it to be a fit case to release the applicant on bail.
Issues: Bail application for offences under Sections 324 & 307 IPC.
Ratio Decidendi: The court considered the applicant's previous release on bail and the time spent in jail as key factors in allowing the bail application.
Final Decision: The application for bail was allowed, and the accused/applicant was directed to be released on bail upon executing a personal bond and appearing before the trial Court.
Sanjay K. Agrawal, J.
1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 121/2014 registered at Police Station Shivrinarayan, District Janjgir-Champa for the offences punishable under Sections 324 & 307 of the Indian Penal Code. Case of the prosecution is that on 14-04-2014 at about 7.30 am, the applicant caused stab injuries to the complainant namely Manoj Kumar Kewat on account of some petty dispute, pursuant to which, he suffered injuries in his left abdomen and remained in hospital for a period of 10 days and, thereby, he committed the aforesaid offence.
2. Learned counsel for the applicant submits that earlier the applicant was released on bail for the offence under Section324 IPC by the trial Court but later on charge sheet was filed in addition of Section 307 IPC, in consequence thereof, the applicant was again taken into custody on 10.11.2014.
3. On the other hand, learned counsel for the State opposes the bail application.
4. Considering the totality of the facts, in particular, the fact that the applicant was earlier released on bail and he is not misused the liberty granted to him; and the fact that applicant is in jail since 10.11.2014, this court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.
5. The accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court. Certified copy today.
