Rajasthan High Court - Jaipur
Kanwar Singh vs State Of Rajasthan on 27 May, 2010
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.3973/2010 Kanwar Singh Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 27.05.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Harendra Singh, Counsel for petitioner Shri Amit Punia, Public Prosecutor #### By the Court:-
Heard learned counsel for petitioner as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case.
Contention of learned counsel for petitioner is that fracture of elbow of Mst. Basanti has been assigned to co-accused Amar Singh and the petitioner has been merely shown to be present at the scene of occurrence; no specific role has been assigned to him; trial of the case is likely to take a long time; petitioner is in jail for last more than a month.
Learned Public Prosecutor opposed the bail application but could not dispute the afore-stated facts.
After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioner, namely, Kanwar Singh Son of Shri Phataluram on bail under Section 439 Cr.P.C., in FIR No.484/2009, Police Station Mundawar, District Alwar, for the offence under Sections 143, 341, 323, 452 and 326, IPC, provided he furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so.
However, in case petitioner is found indulged in repeating the similar offence at any point of time the prosecution will be at liberty to apply for cancellation of his bail before the court below itself.
The bail application stands disposed of.
(Mohammad Rafiq) J.
//Jaiman//