Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1992 Supreme(Raj) 663

RAJASTHAN HIGH COURT
Rajendra Saxena, J.
Mala and ors. - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Misc. Bail Application No. 661 of 1992.
Decided On : 16-04-1992

Advocates:
For the Petitioner:Suresh Kumbhat, Advocate.
For the State: K.L. Thakur, Public Prosecutor.

The severity of injuries and its impact on the decision to grant bail.

Headnote:
Bail - Enlargement of Accused - Medical Report
Fact of the Case:

The medical report indicated that the injuries sustained were simple in nature, leading the court to grant bail to the accused.
Finding of the Court:

The court found that the injuries were not severe, and therefore, decided to enlarge the accused on bail.
Issues: The main issue was the severity of the injuries and its impact on the decision to grant bail.
Ratio Decidendi: The court relied on the medical report's assessment of the injuries to determine the nature of the injuries and the subsequent decision to grant bail.
Final Decision: The accused were granted bail upon the court's acceptance of the medical report.

JUDGMENT

1. - Heard and perused the available relevant record, case diary and injury report of Smt. Jethi. The Doctor in his report dated 12.4.92 has opined that there was no bony injury on her skull and as such all the injuries received by her were simple in nature.

2. Keeping in view all the relevant facts and circumstances of this case, I feel inclined to enlarge the accused petitioner(s) on bail.

3. I, therefore, accept this bail application and order that petitioner(s) Mala, Sukhram and Varinga, shall be released on bail provided each one of them executes his personal bond for a sum of Rs. 10,000/- ( Rs. ten thousand) and furnishes two sound and substantial sureties in the amount of Rs. 5,000/- each amount to the satisfaction of the learned Addl. Sessions Judge, Barmer with the stipulation to appear before that court on each and every date of hearing and whenever ordered to do so till the completion of the trial.Bail granted.

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1992 Supreme(Raj) 663

RAJASTHAN HIGH COURTRajendra Saxena, J.Mala and ors. - AppellantVersusState of Rajasthan - RespondentS.B. Criminal Misc. Bail Application No. 661 of 1992.Decided On : 16-04-1992

The severity of injuries and its impact on the decision to grant bail.

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RAJASTHAN HIGH COURT
Rajendra Saxena, J.
Mala and ors. - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Misc. Bail Application No. 661 of 1992.
Decided On : 16-04-1992