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HIGH COURT OF RAJASTHAN
PUSHPENDRA SINGH BHATI
MADAN LAL – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMB/16198/2022



In cases involving offenses under Section 307 IPC, bail may be granted if the court finds that the conclusion of the proceedings is likely to take some time and that it is just and proper to do so.

Headnote:

BAIL - SECTION 307 IPC - SIMPLE INJURY - BAIL GRANTED

Fact of the Case:

The petitioner was arrested for offenses under Sections 323, 324, 325, and 307 r/w 34 IPC. The doctor opined that the injury was simple but could have been dangerous if not treated in time. The charge sheet had been filed, and the petitioner had been in custody since September 24, 2022.

Finding of the Court:

The court found that the conclusion of the proceedings was likely to take some time and that it was just and proper to grant bail to the petitioner.

Issues: Whether the petitioner should be granted bail under Section 439 Cr.P.C.

Ratio Decidendi: The court considered the totality of the facts and circumstances of the case, including the nature of the injury, the stage of the proceedings, and the time spent in custody.

Final Decision: The court allowed the bail application and directed the petitioner to be released on bail upon furnishing a personal bond and two sureties.

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Second Bail Application No.

16198/2022

Madan Lal S/o Sh. Hanjala Ram, Aged About 53 Years, B/c Bhil

R/o Vill. Saiyad Mauja Ali-Ka-Talla Ps Dhanau Tehsil Chohtan

Dist. Barmer Raj. (Presently Lodged In Dist. Jail Barmer)

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s)

:

Mr. Pradeep Shah

For Respondent(s)

:

Mr. Mahipal Bishnoi, PP

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

05/01/2023

This Court perused the material available on record.

The petitioner has been arrested in connection with FIR No.

21/2022 Police Station, Dhanau, District Barmer for the offences

punishable under Sections 323, 324, 325 and 307 r/w 34 IPC.. He

has preferred this bail application under Section 439 Cr.P.C.

Counsel for the petitioner submits that the Doctor has opined

the injury to be simple in nature, though, there is a remark that it

could have been dangerous, if not treated in time.

Counsel for the petitioner submits that charge-sheet has

already been filed and the petitioner is in custody since

24.09.2022.

Learned PP opposed the application.

Having regard to the totality of the facts and circumstances

of the case as also the fact that conclusion of the proceedings is

(2 of 2)

[CRLMB-16198/2022]

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 Madan Lal S/o

Sh. Hanjala Ram shall be released on bail in connection with FIR

No. 21/2022 Police Station, Dhanau, District Barmer 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.

81-Sanjay/-

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