IN THE HIGH COURT OF RAJASTHAN
Vijay Bishnoi, J.
Sharvan Ram - Appellant
Versus
State - Respondent
Criminal Miscellaneous Bail Application No. 2563 of 2021
Decided on : 01-03-2021
Bail - Criminal Law - The court granted bail to the accused petitioner under Section 439 Cr.P.C.
Fact of the Case:
The petitioner was arrested for the offences punishable under Sections 302/34 IPC. The petitioner claimed innocence and cited his old age and familial relationship with the deceased as reasons for bail.
Finding of the Court:
The court, without expressing any opinion on the merits of the case, deemed it just and proper to grant bail to the accused petitioner.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: Granting bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Final Decision: The bail application filed under Section 439 Cr.P.C. was allowed, and the accused petitioner was directed to be released on bail upon fulfilling certain conditions.
JUDGMENT
Vijay Bishnoi, J. - Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
2. The petitioner has been arrested in FIR No.99/2020 of Police Station Sameja Kothi District Sriganganagar for the offences punishable under Sections 302/34 IPC. He has preferred this bail application under Section 439 Cr.P.C.
3. Learned counsel for the petitioner has submitted that the allegation of inflicting fatal injury upon the chest of deceased is against co-accused Surendra Kumar. It is submitted that the petitioner is father of daughter-in-law of deceased and he was by chance present in the house of his daughter when the alleged incident took place. It is also submitted that the petitioner is an old aged person and is in custody since long, therefore, he may be enlarged on bail. It is further submitted that charge-sheet has been filed and trial of the case will take time.
4. Learned Public Prosecutor has opposed the bail application.
5. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
6. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Sharvan Ram S/o Shri Rugha Ram shall be released on bail in connection with FIR No.99/2020 of Police Station Sameja Kothi District Sriganganagar provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- 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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