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High Court Of Rajasthan
Judgename : H.R.PANWAR
MAL SINGH - Appellant
Versus
STATE OF RAJASTHAN - Respondent
Cr. Misc. II Bail App 2204 Of 2006
Decided On : 06/01/2006
Bail Application - Implication in Criminal Case - The court allowed the second bail application of the petitioner, who was implicated as the owner of a vehicle transporting contraband poppy husk, despite not being present at the scene, based on the investigation stage and the submission of challan papers.
Fact of the Case:
The first bail application was dismissed as the matter was at the investigation stage. After the police filed challan, the petitioner submitted a second bail application, stating that he was implicated as the owner of the vehicle transporting contraband poppy husk, despite not being present at the scene.
Finding of the Court:
The court, without commenting on the merit of the case, decided to grant bail to the accused petitioner based on the facts and circumstances of the case and the oral arguments advanced by the counsel for the parties.
Issues: Implication of the petitioner in a criminal case without being present at the scene of the crime.
Ratio Decidendi: The decision to grant bail was influenced by the fact that the petitioner was neither in the vehicle transporting the contraband poppy husk nor present at the place of occurrence, and the submission of challan papers after the investigation stage.
Final Decision: The second bail application was allowed, and the petitioner was directed to be released on bail upon executing a personal bond and providing sureties for his appearance before the trial court.
( 1 ) THE first bail application came to be dismissed on 03. 04. 2006 as it was not pressed by the counsel for the petitioner since at that time the matter was at the investigation stage. Learned counsel for the petitioner submits that after investigation, the police has filed challan. He has placed on record the challan papers. I have carefully gone through the challan papers.
( 2 ) THE petitioner has been implicated only on the ground that he is said to be owner of the vehicle which was found transporting the contraband poppy husk by an agreement. The petitioner was neither in the vehicle which was found transporting the contraband poppy husk nor was present at the place of occurrence.
( 3 ) LOOKING to the facts and circumstances of the case and having considered the oral arguments advanced by the counsel for the parties, without commenting on the merit of the case, I think it just and proper to enlarge the accused petitioner on bail.
( 4 ) ACCORDINGLY, this second bail application filed under Sec. 439 cr. P. C. is allowed and it is directed that petitioner Mal Singh S/o Prem singh be released on bail in FIR No. 83/2005 P. S. Samdari, provided he executes a personal bond for a sum of Rs. 20,000/- with two sound and solvent sureties in the sum of Rs. 10,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
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