Chandra Shekhar @ Sethi vs State - 2022 Supreme(Raj) 2047

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 2047

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Vinit Kumar Mathur, J.
Chandra Shekhar @ Sethi – Appellant
Versus
State – Respondent
S.B. Criminal Miscellaneous Bail Application No. 941 of 2022
Decided On : 25-02-2022

Advocates appeared:
J.S. Choudhary, Advocate, Pradeep Choudhary, Advocate, Arun Kumar, Advocate, Vineet Jain, Advocate, Ashok Kumar, Advocate

Headnote:
Bail - Similarity of Offences - Grant of Bail under Section 439 Cr.P.C.
Fact of the Case:

The petitioner filed a bail application under Section 439 Cr.P.C. for offences under Sections 302, 323 & 341 of IPC, citing similarity to a co-accused who had been granted bail earlier.
Finding of the Court:

The Court found that the case of the present petitioner was identical to the co-accused who had been enlarged on bail, and therefore, granted bail under Section 439 Cr.P.C.
Issues: Grant of bail based on similarity of offences and previous bail orders for co-accused.
Ratio Decidendi: The Court considered the similarity of the present petitioner's case to that of the co-accused who had been granted bail, leading to the conclusion that the petitioner was entitled to bail under Section 439 Cr.P.C.
Final Decision: The bail application filed under Section 439 Cr.P.C. was allowed, and the accused-petitioner was ordered to be released on bail upon furnishing the specified personal bond and sureties.

JUDGMENT

Vinit Kumar Mathur, J. - The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with C.R. (FIR) No. 111/2021, Police Station Dangiyawas, District Jodhpur, for the offences under Sections 302, 323 & 341 of IPC.

2. Heard learned counsel for the parties. Perused the material available on record.

3. Learned counsel for the petitioner submits that the charge-sheet in the case has been filed. He further submits that the allegations against the present petitioner are similar to the allegations levelled against the co-accused Karna Ram who has already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 14.12.2021. The conclusion of trial will take sufficient long time, therefore, he prays that the petitioner may be enlarged on bail.

4. The learned Public Prosecutor as well as learned counsel for the complainant vehemently oppose the bail application but he is unable to distinguish the case of the present petitioner vis-a-vis the case of the co-accused persons who have been enlarged on bail.

5. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and considering the fact that the case of the present petitioner is identical to co-accused aforesaid who have been enlarged on bail by this Court, this Court is of the opinion that the petitioner is also entitled for the grant of bail under Section 439 Cr.P.C.

6. Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Chandra Shekhar @ Sethi S/o Heera Ram arrested in connection with C.R. (FIR) No. 111/2021, Police Station Dangiyawas, District Jodhpur, 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.

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