Sukh Ram vs State Of Rajasthan - 2022 Supreme(Raj) 1290

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 1290

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Dr.Pushpendra Singh Bhati, J.
Sukh Ram & Ors. – Appellants
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 6466 of 2022
Decided On : 31-05-2022

Advocates appeared:
R.S. Choudhary, Advocate, Anil Joshi, Advocate

Headnote:
Bail Application - Criminal Offences - The court granted bail to the accused petitioners under Section 439 Cr.P.C. based on the fact that a similarly situated co-accused had already been granted bail and the conclusion of the proceedings is likely to take some time, without expressing any opinion on the merits of the case.
Fact of the Case:

The petitioners were arrested in connection with FIR No.87/2022 for various offences under the IPC. They filed a bail application under Section 439 Cr.P.C.
Finding of the Court:

The court found that the similarly situated co-accused had already been granted bail and that the conclusion of the proceedings is likely to take some time. Without expressing any opinion on the merits of the case, the court deemed it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.
Issues: Bail application under Section 439 Cr.P.C. for accused petitioners arrested for various offences under the IPC.
Ratio Decidendi: The court granted bail to the accused petitioners based on the fact that a similarly situated co-accused had already been granted bail and the conclusion of the proceedings is likely to take some time, 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 it was directed that the petitioners shall be released on bail in connection with FIR No.87/2022, provided each of them executes a personal bond and sureties to the satisfaction of the trial court.

JUDGMENT

Dr. Pushpendra Singh Bhati, J. - This Court perused the material available on record.

2. The petitioners have been arrested in connection with FIR No.87/2022, Police Station Sri Vijaynagar, District Sri Ganganagar for the offences punishable under Sections 308, 452, 325, 323, 341, 147, 148 & 149 of IPC. They have preferred this bail application under Section 439 Cr.P.C.

3. Learned counsel for the petitioners submits that the similarly situated co-accused namely Ravi Kishan @ Tanna Ram has already been enlarged on bail vide order dated 11.05.2022, passed by a Co-ordinate Bench of this Hon'ble Court in SB. Criminal Misc. Bail application No.5590/2022.

4. Learned Public Prosecutor has vehemently opposed the bail application but is unable to point out any difference between the allegations levelled against the accused Ravi Kishan @ Tanna Ram and the present petitioners.

5. Having regard to the totality of the facts and circumstances of the case as also the fact that the similarly situated co-accused has already been granted bail and conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioners 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 petitioners - (1) Sukh Ram S/o Khetpal and (2) anil S/o Khetpal shall be released on bail in connection with FIR No.87/2022, Police Station Sri Vijaynagar, District Sri Ganganagar, provided each of them 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 their 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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