HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Appeal No. 941/2020

Vijendra Singh Bhandari @ Vijju S/o Sher Singh Bhandari, R/o

Near Well No. 6, Madhuvan Colony, Sogriya, Ps, Railway Colony,

Distt. Kota, Raj. At Present Confined In Central Jail,kota

----Appellant

Versus

State Of Rajasthan, through PP

----Respondent

For Appellant(s)

:

Mr. Shailesh Kumar Panwar.

For State

:

Mr. Deshraj Gosingha. PP.

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Order

03/07/2020

1.

The appellant has prefered this appeal aggrieved by order

dated 28.05.2020 passed by learned Session Judge, Kota,

whereby bail application under Section 439 Cr.P.C. filed by the

appellant was rejected.

2.

F.I.R. No.593/2019 was registered at Police Station Railway

Colony, District Kota for offence under Section 302 I.P.C. and

Section 3 (2) (va), (3)(2)(v) SC/ST (Prevention of Atrocity) Act.

3.

It is contended by the counsel for the appellant that

appellant and deceased were consuming liquor together. At that

time, deceased abused appellant’s mother and sister, after which a

dispute took place. Appellant caused injury only on the legs of the

deceased. He never intended to commit offence of murder.

Charge-sheet has been filed.

(2 of 2)

[CRLAS-941/2020]

4.

Learned Public Prosecutor has opposed the appeal.

5.

I have considered the contentions.

6.

Considering the contentions put-forth by the counsel for the

appellant, I deem it proper to allow the appeal.

7.

The order dated 28.05.2020 passed by learned Session

Judge, Kota is set aside and the appeal is allowed and the

appellant is directed to be released on bail provided he furnishes a

personal bond of Rs.1,00,000/- (Rupees One lac only) and two

sureties in the sum of Rs.50,000/- (Rupees Fifty thousand only)

each to the satisfaction of the learned trial court with the

stipulation to appear before that Court and any court to which the

matter is transferred, on all dates of hearing and as and when

called upon to do so.

(PANKAJ BHANDARI),J

CHANDAN /26