Rajasthan High Court - Jodhpur
Devaram vs State Of Rajasthan on 1 October, 2020
Author: Devendra Kachhawaha
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 4798/2020
Devaram S/o Bhagaram, Aged About 41 Years, R/o Ghodwa
Phali, Malap, Police Station Pindwara, District Sirohi, Raj.
(The Petitioner Is Presently Lodged In District Jail Sirohi).
----Petitioner
Versus
State Of Rajasthan, Through P.p. R.h.c., Jodhpur.
----Respondent
For Petitioner(s) : Mr. V.D. Vaishnav through VC
For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Judgment / Order 01/10/2020 Taking into consideration the rise in COVID-19 cases, specifically at Jodhpur and Jaipur, the functioning of Rajasthan High Court, Jodhpur from 14.09.2020 to 01.10.2020 shall be only through video conferencing.
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.552/2019, Police Station Pindwara, District Sirohi, registered for the offence under Sections 457, 380 of the Indian Penal Code.
Heard and considered the arguments advanced by the learned counsel for the petitioner appearing through video conferencing and learned Public Prosecutor present in person. Perused the material available on record.
Learned counsel for the petitioner appearing through video conferencing stated that offences are triable by Magistrate; charge-sheet has been filed; benefit of bail has already been granted by this Court to the co-accused persons, namely, Ramesh, Kanhaiya Lal, Jhuma Ram @ Jhuma and Harda Ram; and that the trial will take time. With these submissions, learned (Downloaded on 01/10/2020 at 08:27:13 PM) (2 of 2) [CRLMB-4798/2020] counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner.
Per contra, learned Public Prosecutor stated that 34 cases are registered against the accused-petitioner, out of them, accused-petitioner has been convicted in 12 cases. Therefore, benefit of bail may not be granted to the accused-petitioner.
Having regard to the facts and circumstances of the case, particularly to the fact that offences are triable by Magistrate and the benefit of bail has already been granted by this Court to the co-accused persons, namely, Ramesh vide order dated 24.04.2020 (Bail Application No. 4082/2020), Kanhaiya Lal vide order dated 12.05.2020 (Bail Application No. 4560/2020), Jhuma Ram @ Jhuma vide order dated 04.05.2020 (Bail Application No.4333/2020) and Harda Ram vide order dated 07.04.2020 (Bail Application No.3705/2020); charge-sheet has been filed; as mentioned above and the trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
Consequently, the bail application is allowed. It is ordered that the accused-petitioner Devaram S/o Bhagaram, arrested in connection with F.I.R. No.552/2019, Police Station Pindwara, District Sirohi, shall be released on bail provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- 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.
(DEVENDRA KACHHAWAHA),J 2-amit/-
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