Back
HIGH COURT OF RAJASTHAN - RAJASTHAN HIGH COURT PRINCIPAL SEAT JODHPUR
CHANDRA SHEKHAR @ SHEKHAR – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMB 322/2023
BAIL - SIMILARLY SITUATED CO-ACCUSED - BAIL GRANTED
Fact of the Case:
The petitioner was arrested for offenses under Sections 307, 452, 427, 382 of IPC and Section 5/27 of Arms Act. Co-accused Manish Joshi and Sukha Ram had already been granted bail.
Finding of the Court:
The court noted that the petitioner was similarly situated to the co-accused who had been granted bail and that the trial was likely to take some time.
Issues: Whether the petitioner should be granted bail.
Ratio Decidendi: The court held that it was just and proper to grant bail to the petitioner under Section 439 Cr.P.C., considering the totality of the circumstances and the fact that similarly situated co-accused had already been granted bail.
Final Decision: The court allowed the bail application and directed the petitioner to be released on bail on furnishing a personal bond and two sureties.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 322/2023
Chandra Shekhar @ Shekhar S/o Mahendra Joshi, Aged About 25
Years, Behind Panchayat Samiti, Nagaur Road, Phalodi, Dist.
Jodhpur. (At Present Lodged In Sub Jail Phalodi, Dist. Jodhpur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s)
:
Mr. Mohd. Rasheed
For Respondent(s)
:
Mr. Vikram Sharma, PP
Mr. CS Rathore
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
09/01/2023
The petitioner has been arrested in connection with FIR No.
333/2022 of Police Station Phalodi, District Jodhpur Rural for the
offences punishable under Section 307, 452, 427, 382 of IPC and
Section 5/27 of Arms Act. He has preferred this bail application
under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that co-accused
Manish Joshi and Sukha Ram have already been granted bail by a
coordinate Bench of this Court vide order dated 28.09.2022
passed in S.B. Criminal Misc. Bail Application No.12710/2022.
Learned Public Prosecutor has opposed the bail application,
but is unable to refute the aforesaid factual matrix.
Having regard to the totality of the facts and circumstances
of the case as also the fact that similarly situated co-accused
persons have already been granted bail and the fact that
(2 of 2)
[CRLMB-322/2023]
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
petitioner under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439
Cr.P.C. is allowed and it is directed that petitioner Chandra
Shekhar @ Shekhar S/o Mahendra Joshi shall be released on
bail in connection with FIR No. 333/2022 of Police Station Phalodi,
District Jodhpur Rural 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.
(DR.PUSHPENDRA SINGH BHATI), J.
302-Sudheer/-
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
