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1995 Supreme(Raj) 943

RAJASTHAN HIGH COURT AT JAIPUR BENCH
Y.R.Meena, J.
Badri and Ors. - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Misc. Bail Application No. 3310 of 1995.
Decided On : 03-08-1995

Advocates:
For the Petitioners:Mr. Praveen Balwada, Advocate.
For the Appearing party: Mr. G. Bardar, Public Prosecutor.

The main legal point established in the judgment is the application of Section 439 of the Criminal Procedure Code in granting bail to the accused petitioners based on the absence of grievous injury, recoveries made, and no further investigation required.

Headnote:

Bail - Criminal Procedure Code - Grant of Bail to Accused Petitioners

Fact of the Case:

The main accused in the case are Raghunath and Heera Singh. No bail application has been moved for them. No grievous injury is attributed to the petitioners. Recoveries have been made and no further investigation is required.

Finding of the Court:

The court, considering the facts and circumstances of the case and the arguments advanced by both sides, granted bail under Section 439 Cr. P.C. to the accused petitioners.

Issues: The issue was whether the accused petitioners should be granted bail under Section 439 Cr. P.C.

Ratio Decidendi: The court found that no grievous injury was attributed to the petitioners, recoveries had been made, and no further investigation was required, leading to the decision to grant bail.

Final Decision: The accused petitioners were ordered to be released on bail upon furnishing a personal bond and sureties to the satisfaction of the trial court.

JUDGMENT

1. - Heard learned Counsel for the petitioners and learned Public Prosecutor for the State and also perused the documents on record. It has been submitted that main accused in this case are Raghunath and Heera Singh In their case no bail application has been moved so far. No grevious injury is attributed to these petitioner. Recoveries have been made and no further investigation is required.

2. In the facts and circumstances of the case and the arguments advanced by both the sides, I am inclined to grant bail under Section 439 Cr. P.C. to the accused petitioners.

3. It is, therefore, ordered that the accused petitioners (1) Badri (2) Hari Singh (3) chhoga (4) Bhima (5) Shyam (6) Sibha (7) Ramji (8) Ram Kishan (9) Hari S/o Kanhaiya (10) Ram Prasad (11) Leela shall be released on bail provided each of them furnishes a personal bond in the sum of Rs. 30,000 (Rupees thirty thousand) with two sureties in the amount of Rs. 15,000 each, to the satisfaction of the trial court with the stipulation to appear in that court as and when called upon to do so during that pendency of the trial against them in this caseBail granted.

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