Rajasthan High Court - Jodhpur
Kanahaiya Lal vs State Of Rajasthan on 6 May, 2020
Author: Devendra Kachhawaha
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
..
S.B. Criminal Misc. Bail Application No. 4417/2020
1. Kanahaiya Lal S/o Keshu Ram, Aged About 50 Years, B/c Kumawat, Residents Of Naugana, Police Station Kankroli, District Rajsamand.
2. Manohar Lal S/o Keshu Ram, Aged About 40 Years, B/c Kumawat, Residents Of Naugana, Police Station Kankroli, District Rajsamand.
----Petitioners Versus State Of Rajasthan through P.P.
----Respondent For Petitioner(s) : Mr. Deepak Menaria (through video calling) For Respondent(s) : Mr. Anil Joshi, PP (through video calling) HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order 06/05/2020 As per advisory, with regard to serious pandemic and infection of Novel Corona Virus (COVID-19), issued by the World Health Organisation (WHO), Rajasthan High Court, Central Government and the State Government for effective control over spread of COVID-19, none present in-person on behalf of the parties.
This anticipatory bail application under Section 438 Cr.P.C. has been filed by the petitioners apprehending their arrest in connection with F.I.R. No. 67/2020, Police Station Kankroli, District (Downloaded on 06/05/2020 at 08:28:09 PM) (2 of 2) [CRLMB-4417/2020] Rajsamand, registered for the offences punishable under Sections 452, 341, 323 and 307 of the Indian Penal Code (IPC).
Learned counsel for the petitioner argued that there are cross cases between the parties; in the present case, initially, the FIR was registered for the offences punishable under Sections 323 and 325 IPC but after 14-15 days, on the basis of another medical report, offence punishable under Section 307 IPC was added. It is also argued that the benefit of bail was granted to the other accused Puneet, who is author of the injury and the axe was also recovered from Puneet. Narrating the above facts, learned counsel for the petitioner prayed that the benefit of bail may be granted to the present accused-petitioners.
On the contrary, learned Public Prosecutor argued that recovery of the weapon is yet to be made and, therefore, he opposes grant of anticipatory bail to the present petitioners.
Heard learned counsel for the parties appeared through video calling and perused the material available on record.
List the matter on 22.05.2020, as prayed. Till then, both the petitioners shall not be arrested in connection with FIR No. 67/2020, Police Station Kankroli, District Rajsamand and they are directed to join and cooperate in the investigation.
(DEVENDRA KACHHAWAHA),J 16-Mohan/-
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