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2022 Supreme(Raj) 1416
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Vinit Kumar Mathur, J.
Satpal Singh – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 16509 of 2021
Decided On : 06-01-2022
Important Points
Subject
Criminal Law - Bail Application
Act Referred
INDIAN PENAL CODE : S.147, S.302, S.307, S.323, S.325, S.34, S.447
Headnote
Bail Application - Criminal Law - The court allowed the bail application filed under Section 439 of Cr.P.C. in a case involving multiple charges under the Indian Penal Code. The court considered the peculiar facts and circumstances of the case, as well as the impact of the COVID-19 pandemic on the country, particularly the jails, in granting bail to the accused.
Fact of the Case:
The petitioner, who was in custody in connection with a case involving charges under Sections 302, 307, 323, 325, 447, 147 & 34 of IPC, filed a bail application under Section 439 of Cr.P.C. The petitioner and the complainants were neighbors with agricultural fields close to each other, and the incident leading to the charges occurred in the heat of passion.
Finding of the Court:
The court, considering the peculiar facts and circumstances of the case and the impact of the COVID-19 pandemic on the country, particularly the jails, deemed it just and proper to release the petitioner on bail.
Issues: The issues involved in the case included the nature of the incident, the injuries sustained by the petitioner, and the impact of the COVID-19 pandemic on the country and the jails.
Ratio Decidendi: The court's decision to grant bail was influenced by the peculiar facts and circumstances of the case, the heat of passion nature of the incident, and the impact of the COVID-19 pandemic on the country, particularly the jails.
Final Decision: The court allowed the bail application and ordered the release of the accused-petitioner on bail upon furnishing a personal bond and sureties to the satisfaction of the trial court.
Mr. D.S. Thind, for the Appellant
Mr. Mahipal Bishnoi, PP, Mr. Kuldeep Sharma, for the Respondent.
ORDER
1. Lawyers are not physically appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19).
2. The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.86/2021, Police Station Ghamoorwali, District Sri Ganganagar for the offence under Sections 302, 307, 323, 325, 447, 147 & 34 of IPC.
3. Heard learned counsel for the parties. Perused the material available on record.
4. Learned counsel for the petitioner submits that there are cross cases between the petitioner party and the complainants. He submits that the petitioner party and the complainants are neighbours having their agricultural fields close to each other. He further submits that the incident occurred at the spur of the moment and in the heat of passion. He further that the petitioner has also sustained injuries in the incident. He submits that petitioner is a 70 years old person and is facing incarceration for last more than six months.
5. Learned counsel further submits that no specific injury has been assigned to the present petitioner. He submits that as per the statement of Sucha Singh (deceased) recorded under Section 161 Cr.P.C., the petitoner has not inflicted any injury on his head, whereas, as per the post mortem report, the cause of death is stated to be head injury. He, therefore, prays that the petitioner may be enlarged on bail.
6. Learned Public Prosecutor as well as learned counsel for the complainant vehemently oppose the bail application.
7. Having regard to the peculiar facts and circumstances of the case as also the present situation of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court deems it just and proper to release the petitioner on bail.
8. Consequently, the present bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner -Satpal Singh S/o Shri Kishan Singh arrested in connection with F.I.R. No.86/2021, Police Station Ghamoorwali, District Sri Ganganagar shall be released on bail provided he furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
